Petitioner in custody moved High Court of Jharkhand for regular bail in a Special POCSO case involving stalking allegations and resulting death. Bench considered gravity and nature of allegations before rejecting bail.
Bail prayer rejected; petitioner remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 631 of 2023
Chandan Kumar Mahto . .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Peeyush K. Choudhary, Advocate For the State : Mr. N. Kr. Ganjhu, APP
04/ 02.03.2023 . Petitioner above-named who is in custody since 24.09.2022 has moved this Court for grant of regular bail in connection with Godda (T) P.S. Case No.260 of 2022 (Special POCSO Case No.84 of 2022) registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302, 504, 506 of the Indian Penal Code and under Section 12 of the POCSO Act.
Heard the parties.
As per the case of the prosecution, the genesis of the offence is that this petitioner used to stalk the niece of the informant and this was protested by the deceased Sunil Kumar (brother of the informant), for which he was conjointly assaulted by the accused persons causing his death.
It is submitted that assault by lathi is alleged against Vikram Mahto @ Bikram Kumar and not against this petitioner.
Learned APP for the State has vehemently opposed the prayer. It is submitted that the petitioner is named in the FIR and there is direct allegation of stalking the niece of the deceased and on being protested he was conjointly assaulted resulting in his death.
Considering the gravity of offence and nature of allegation, I am not inclined to enlarge the petitioner on regular bail and accordingly the prayer for bail is rejected.
( Gautam Kumar Choudhary, J. )
Sandeep/
2 issues framed by the court
Whether the petitioner is to be granted regular bail in the Godda T P.S. Special POCSO Case
Whether the gravity of the offence and nature of allegation warrants denial of bail
2 provisions across 2 enactments
Chandan Kumar Mahto
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
