In a bail petition by an accused in rape and POCSO cases, the High Court of Jharkhand heard submissions and rejected the plea for bail, directing the petitioner to renew the request after recording of evidence.
Prayer for bail stands rejected; petitioner to renew prayer after recording of evidence.
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.
B.A. No. 1626 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajendra Turi … … Petitioner
The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For Petitioner : Mr. A. K. Chaturvedy, Advocate For the State : Mr. V. K. Vashistha, A.P.P.
04/04.05.2022 Heard the parties.
Petitioner has been made an accused in connection with Manika P.S. Case No. 114 of 2021, registered under Sections 376/34 of the Indian Penal Code and Section 4 of the POCSO Act, pending in the Court of learned Additional Sessions Judge-I, Latehar.
On 02.11.2021 at about 08:00 P.M., petitioner is said to have raped 11 years old daughter of the informant.
It was submitted that victim had called the informant on the alleged date of occurrence. It was further submitted that age of the victim in the school certificate was 14 years and 7 months.
It is apparent that this petitioner had sexually assaulted the victim who was even as per submissions of the petitioner below 15 years of age.
Regard being had to the facts and circumstances of this case, I am not inclined to enlarge the petitioner on bail, hence the prayer for bail of the petitioner stands rejected.
Petitioner is if, so advised may renew his prayer for bail after recording of evidence of the victim.
(Ambuj Nath, J.)
Rohit
2 issues framed by the court
Whether to grant bail to the petitioner accused of sexual assault on a minor.
Whether to enlarge the petitioner on bail at this stage of the trial.
2 provisions across 2 enactments
Rajendra Turi
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
