A bail application by Harsh Sharma accused of crimes under 366A IPC and POCSO Act was allowed. The court noted the victim's statement indicated a willing relationship despite allegations of enticement.
The bail application is allowed; the applicant is released on bail on furnishing a bond of Rs.25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1284 of 2022
Harsh Sharma @ Harsh Kumar Sharma. ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party --------
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mr. Nitin Kumar Pasari, Advocate For the State : Mr. Naveen Kumar Gaunjhu, A.P.P. --------
03/ 06.05.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the applicant–Harsh Sharma @ Harsh Kumar Sharma with prayer to release on bail in connection with Sukhdeonagar P.S. Case No. 460 of 2021, corresponding to POCSO Case No.06 of 2022, registered under Section 366A of the Indian Penal Code, Section 8 of POCSO Act. However after submission of charge-sheet dated 31.12.2021 and the order taking cognizance, the petitioner is being prosecuted under Sections 363, 366A, 376 (2) (n) of the Indian Penal Code read with Section 4/6 of the POCSO Act, pending in the court of the the Additional Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the brother of victim with these allegations that on 23.11.2021 at 8 O’clock of night his minor sister 16 years old was enticed away by Harsh Sharma @ Harsh Kumar Sharma with intent to have illicit relation with her.
Learned Counsel for the applicant has submitted that the victim was recovered and her statement under Section 164 Cr.P.C. was recorded before the Magistrate concerned and also before Children Welfare Committee wherein victim had stated that she was in love affairs of Harsh Sharma @ Harsh Kumar Sharma and she wanted to marry with him. Her father was also agree for the same but brother opposed. She willingly accompanied to Harsh Sharma @ Harsh Kumar Sharma and still she loved him.
Learned Counsel for the applicant has further submitted that there is no allegation in the statement of victim that the applicant had made any sexual assault or any effort for the same. In view of medical report, age of the victim was ascertained between 17 to 18 years and the charge-sheet has been filed in this case. The applicant has been languishing in jail since 26.11.2021.
2
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that in view of Adhar Card victim was 16 years old though in medical report it was ascertained between 17 to 18 years.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
P.K.S.
2 issues framed by the court
Whether the bail application of the accused facing charges under 366A IPC and POCSO Act deserves to be allowed.
Whether the discrepancy in age assessment between the victim's Aadhar card and medical report affects the bail application.
7 provisions across 3 enactments
Harsh Sharma @ Harsh Kumar Sharma
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
