Allowed

Mohan Marandi v. the State of Jharkhand

Jharkhand HC13 Apr 2023B.A./802/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand at Ranchi granted regular bail to the applicant in a POCSO and murder case. The applicant, in custody since May 2022, claimed innocence and stated that prior allegations amounted to suicide rather than foul play or POCSO offences.

What did the court decide?

Release on bail by furnishing bond of Rs. 10,000 with two sureties of like amount each of Rs. 10,000.

Mohan Marandi Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.802 of 2023

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Mohan Marandi …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---For the Petitioner(s)/Applicant(s) : Mr. Shree Niwas Roy, Adv. For the State : Mr. R.R.R. Das, A.P.P. ----

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04/Dated: 13^th April, 2023

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1. Heard learned counsel for the applicant and learned counsel for the State.

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2. The applicant who is in custody since 11.05.2022 has approached this Court for grant of regular bail in connection with Lokainayanpur P.S. Case No.16 of 2022 corresponding to POCSO Case No.109 of 2022, registered for the offence under Sections 328 and 302 of the Indian Penal Code. However, charge-sheet has been filed and cognizance has been taken under Sections 376(2)(n) and 306 of the IPC and Section 6 of the POCSO Act. Now the case is pending in the court of learned Special Judge, POCSO Act, Giridih.

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3. It has been submitted by the learned 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.

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4. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that even as per the FIR, they were living as husband and wife and the death is suicidal. The ingredients of POCSO Act and Section 376 IPC does not make out. So far as, the suicide is concerned, there is no material to suggest that this applicant has ever instigated to commission of suicide. On the above basis, prayer for bail has been made.

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5. Learned counsel for the State has opposed the prayer for bail.

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6. Considering the above facts, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Giridih in connection with Lokainayanpur P.S. Case No.16 of 2022 corresponding to POCSO Case No.109 of 2022, subject to condition that the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.

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(Rajesh Kumar, J.)

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Amar/-

Mohan Marandi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mohan Marandi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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