Safikul Seikh v. the State of Jharkhand
Case brief
What is this about?
In a bail application under POCSO, the applicant claimed false implication in a rape case against a girl below 15. Relying on corroborating material evidence cited by the State, the High Court of Jharkhand rejected the prayer for bail.
What did the court decide?
Prayer for regular bail rejected; applicant remains in custody.
What the court decided
A compact analysis
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.256 of 2023
Safikul Seikh … …Petitioner(s)/Applicant(s) Versus The State of Jharkhand … …Opp. Party(s) ---
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--For the Petitioner(s)/Applicant(s) : Mr. Raja Ravi Shekhar Singh, Adv. For the State : Mr. A.P. Topno, A.P.P. ---
05/20.04.2023: Heard the parties.
The applicant, who is in custody since 07.10.2022, has approached this Court for grant of regular bail in connection with POCSO Case No.91 of 2022 arising out of Radhanagar P.S. Case No.200 of 2022 registered for the offence under Section 376 IPC and Section 4 of the POCSO Act, pending in the court of Special Judge, POCSO Act, Rajmahal.
The applicant is an accused of committing rape upon a girl below the age of 15 years.
It has been submitted by the counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
Innocence has been claimed and participation in the trial has been assured. It has been submitted that there is family dispute between the parties and as such, the applicant has falsely been implicated in this case. On the above facts, prayer for bail has been made.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to regular bail in a POCSO case involving rape of a girl below 15 years.
Parties & counsel
- applicant
Safikul Seikh
- respondent
The State of Jharkhand
Coram
Rajesh Kumar
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- B.A./256/2023
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