Court rejected the renewal of prayer for regular bail in a POCSO/IPC case despite allegations of no suppression, due to the trial being at an advanced stage with six out of eight witnesses examined.
Prayer for regular bail rejected; liberty to renew prayer if trial not concluded within three months.
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.
- 1 -
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.7146 of 2023
Manoj Bauri @ Manoj Kumar …… Petitioner
Versus
The State of Jharkhand …... Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. A. K. Sahani, Advocate For the State : Mr. Rajesh Kumar, A.P.P ---------
05/Dated: 12th October, 2023
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant, who is in custody since 30.07.2022, has renewed the prayer for grant of regular bail in connection with BS City (Mahila) P.S. Case No.30 of 2022, corresponding to Special POCSO Case No.73 of 2022, pending in the court of learned Special Judge (POCSO Act), Bokaro.
3. It appears that this applicant has been made an accused for committing the offence under Sections 341/ 342/ 366A/ 376(2)(g) of the Indian Penal Code and Section 4 of the POCSO Act.
Earlier, the bail application of this applicant was rejected vide order dated 07.02.2023, passed in B.A. No.361 of 2023.
4. It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.
Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. On the above basis, prayer for bail has been renewed.
5. Learned counsel for the State has opposed the prayer for bail stating that the trial is at advanced stage as out of eight chargesheeted witnesses, six have already been examined and only the doctor and the investigating officer have to be examined.
6. Considering the above facts, I am not inclined to reconsider the prayer for bail of the applicant. Accordingly, the prayer for bail of the applicant is, hereby, rejected once again.
7. However, the applicant is at liberty to renew his prayer for bail, if the trial is not concluded within three months.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether to allow the renewal of the prayer for regular bail in a POCSO / sexual offence case where the trial is at an advanced stage.
Whether to reconsider the earlier order rejecting bail based on the statement that no suppression by the applicant exists and he is in custody.
Manoj Bauri @ Manoj Kumar
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
