Single judge order rejecting bail petition of petitioner accused of offences including rape against a minor student. Court directed trial to conclude within six months.
Bail prayer rejected. Petitioner-at-large status remains revoked.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1564 of 2023
------ Bhageet Besra @ Bhagit Besra .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Mohit Prakash, Advocate Ms. Vani Kumari, Advocate For the State : Mr. Rajendra Ram Ravi Das, A.P.P. For the Informant : Mr. Abdul Wahab, Advocate
------ Order No.07 Dated : 19.06.2023
Heard both the sides.
The petitioner- Bhageet Besra @ Bhagit Besra is in custody since 16.10.2022 in connection with Gumla P.S. Case No. 316 of 2022 for the offence registered under Sections 376(2)(f), 376(2)(i) of the I.P.C. and Sections 4 & 6 of POCSO Act pending in the Court of learned Additional Sessions Judge IV cum Special Judge (POCSO), Gumla.
As per the prosecution case, the petitioner was teacher and the victim was student who used to get her tuition classes from him. It is alleged that he committed rape with her on several occasion.
It is submitted by the learned counsel on behalf of petitioner that as per the FIR he started molesting the victim since 16.09.2017 whereas the case has been lodged after inordinate delay of about five years without any plausible explanation for the delay. Section 376(2)(i) of the I.P.C. has already been deleted from statute but it has been wrongly applied in the present case.
Learned A.P.P. assisted by learned counsel on behalf of informant have opposed the prayer for bail. It is submitted that the incidence started in 2017 in the form of molestation and culminated in the commission of rape in 2019 thereafter, the case was lodged in 2022. The delay in lodging the case was understandable as victim was minor and she did not disclose the incidence immediately after the incidence out of fear and stigma. It is submitted that the trial is in progress and the victim girl has fully supported the case.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner, is hereby, rejected.
Learned Court below is directed to expedite the trial and conclude it preferably within six months. Thereafter the petitioner shall be at liberty to renew the bail petition.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether the justification for bail should be granted in a POCSO case involving alleged rape and molestation lodged after a delay.
Whether the learning Court should expedite the trial.
Bhageet Besra @ Bhagit Besra
The State of Jharkhand
GAUTAM KUMAR CHOUDHARY
As recorded by the court registry
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