Bail application rejected for applicant in custody under IPC 376/506 and POCSO sections. Court noted victim evidence ongoing and declined bail.
None; prayer for bail of the applicant stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1230 of 2023
....
Ashutosh Kumar Singh @ Ashutosh Singh .… Petitioner Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Rishi Pallava, Adv. For the State : Mr. Tarun Kumar, A.P.P.
05/18.04.2023 The applicant who is in custody since 30.06.2022 has approached this Court for grant of regular bail in connection with Kanke P.S. Case No.172/2022, registered for the offence under Sections 376/506 of IPC and Sections 4/6 of the POCSO Act. Charge sheet has been submitted by the police under Sections 376(2)(n)/ 506 of IPC and Sections 4/6 of the POCSO Act to which cognizance has been taken.
It has been submitted by learned counsel for the applicant(s) that complete set of F.I.R. alongwith its enclosure have been annexed with this bail application and there is no suppression on his/her part .
Innocence has been claimed and undertaking has been given for participation in the trial. It has been submitted by learned counsel for the applicant that both the parties are good friends and due to the parental dispute, the present case has been lodged. Further, both the parties loves each other and they are ready to marry. On above basis prayer for bail has been made.
Learned A.P.P. has opposed the prayer for bail of the applicant.
From perusal of record, it appears that the evidence of victim girl is going on and also perused the statement of girl recorded under Section 164 of Cr.P.C.
Considering the above facts, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly prayer for bail of the applicant stands rejected.
Shahid/
2 issues framed by the court
Whether the applicant is entitled to regular bail in the IPC and POCSO case.
Whether injuries to the victim girl require enlargement of bail.
2 provisions across 2 enactments
Ashutosh Kumar Singh @ Ashutosh Singh
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
