Dismissed

Saurabh Mahato Alias Saurav Kumar v. the State of Jharkhand

Jharkhand HC3 Aug 2022B.A./4864/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed a bail application of an accused charged with offences under the POCSO Act and IPC. The court, noting the trial was at an advanced stage with only two months remaining, held the petitioner was not inclined to be released on bail despite the trial court direction.

What did the court decide?

Bail application dismissed; direction to trial court to conclude trial within two months.

Saurabh Mahato Alias Saurav Kumar Vs the… — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 4864 of 2022

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Saurabh Mahato @ Saurav Kumar …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Dilip Kr. Karmakar, Advocate For the State : Mr. Bishwambhar Shastri, A.P.P.

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Order No.04/ Dated:03.08.2022

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Sitaramdera P.S. Case No. 165 of 2021 (Special POCSO Case No. 66 of 2021), registered for the offence under Section 363 of the Indian Penal Code and later on Section 341, 323, 354E, 366A/34 of the Indian Penal Code and Section 4/8 of the POCSO Act, pending in the court of learned Additional Sessions Judge-V at Jamshepdur.

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As per F.I.R. the victim, aged about 14 years went outside of her house on 27.09.2021 at about 7.00 p.m. but she did not return to home. Despite hectic search, she could not be traced. It is further alleged that victim’s mobile phone was found switched off. Accordingly, on the basis of written report of maternal uncle of the victim, the instant case was lodged against the unknown accused.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only out of suspicion. The petitioner is languishing in Judicial custody since 22.10.2021 without rhymes and reasons. It is also

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submitted that there is no chance of absconding or tampering with the prosecution evidence, hence, the petitioner may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.

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There is specific and direct allegation against the petitioner of penetrating sexual assault with minor girl. Trial is at advance stage and it is reported by the learned trial court that trial may be concluded within two months.

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Considering the facts and circumstances of the case without expressing any view of merits, I am not inclined to release the petitioner, on bail. Accordingly, the bail application of the petitioner is dismissed. However, trial court is directed to conclude the trial within two months from the date of this order, otherwise the petitioner shall be at liberty to renew his prayer for bail.

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(Pradeep Kumar Srivastava, J.)

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R.K.

Saurabh Mahato Alias Saurav Kumar v. the State of Jharkhand

Case brief

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Saurabh Mahato Alias Saurav Kumar v. the State of Jharkhand

Case brief

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