Upendra Singh Alias Upendra Singh Gautam Vs… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

Upendra Singh Alias Upendra Singh Gautam Vs… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within three weeks, release on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur, in connection with Spl. Case No. 174 of 2018 (S) arising out of Mango P.S. Case No. 13/2018, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest for offences punishable under Sections 376(2)(i) and 376(D) of the Indian Penal Code and Section 6 of the POCSO Act.

Court's answer

Having heard learned counsel for the parties, and considering that similarly situated co-accused persons have already been granted anticipatory bail by this Court, the presiding Judge was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of the petitioner's arrest/surrender within three weeks, he is to be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand).

Key takeaways

The bail bond is to be furnished with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur.ratio¶17
The bail is in connection with Spl. Case No. 174 of 2018 (S) arising out of Mango P.S. Case No. 13/2018, and is subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail granted (A.B.A. No. 2960 of 2024, decided 22.07.2024, Rajesh Shankar, J., High Court of Jharkhand at Ranchi) to Upendar Singh @ Upendra Singh Gautam, apprehending arrest for offences under Sections 376(2)(i) and 376(D) IPC and Section 6 POCSO Act in Spl. Case No. 174 of 2018 (S) arising out of Mango P.S. Case No. 13/2018 (Jamshedpur). Petitioner was not named in the FIR; his name surfaced during investigation; the police final form found no evidence against him; on the informant Dukhni Bhakat's Section 319 Cr.P.C. application the trial court summoned 22 persons including him, and his Criminal Revision No. 573 of 2021 against that order remains pending. Bail was granted principally on parity, as similarly situated co-accused had already been enlarged on anticipatory bail by this Court (A.B.A Nos. 774/2024, 2380/2024, 2381/2024, 2243/2024, 8565/2023; A.B.A. Nos. 3225, 3375 and 3237 of 2024). Terms: release on arrest/surrender within three weeks on a bail bond of Rs.20,000/- with two sureties of the like amount each before the Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2960 of 2024

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Upendar Singh @ Upendra Singh Gautam

… … Petitioner

Versus

The State of Jharkhand …. … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Rohit Agarwal, Advocate For the State : Mrs. Shweta Singh, A.P.P.

Order No. 05 Dated: 22.07.2024

The petitioner apprehending his arrest for the offences punishable under Sections 376(2)(i) and 376(D) of the Indian Penal Code and Section 6 of POCSO Act, has prayed for grant of anticipatory bail.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner has not been named in the F.I.R and his name surfaced during investigation. Subsequently, after investigation, the police submitted final form in favour of various persons including the petitioner having found no evidence against them. Thereafter, on an application preferred by the informant – Dukhni Bhakat under Section 319 of Cr.P.C, learned trial court issued summons to 22 such persons including the petitioner to face the trial. The petitioner challenged the said order passed by learned trial court by filing criminal revision before this Court being Criminal Revision No. 573 of 2021 which is still pending. Under the said circumstance, the petitioner apprehends that if he appears before the trial court, he will be taken into judicial custody. Learned counsel for the petitioner

further submits that similarly situated co-accused namely, Brij Mohan Gupta @ Guddu Gupta, Amit Kumar Singh, Manoj Sahay & Gurpreet Singh as well as Dinesh Agarwal, Imdad Ansari and Tanusri Sardar @ Tanushree Nayak have already been granted anticipatory bail by different Benches of this Court vide orders dated 08.04.2024, 15.05.2024, 15.05.2024, 14.06.2024 & 14.06.2024 passed in A.B.A No. 774/2024, A.B.A No. 2380/2024, A.B.A No. 2381/2024, A.B.A No. 2243/2024 & A.B.A No. 8565/2023 respectively whereas co-accused Munna Dhobi @ Sonu Kumar Rajak, Sony Nayyar @ Nishant Kumar Nayyar and Ruhul Aqeel Ahmad @ Rahul Aqeel Ahmad @ Munnan @ Munnain & Ruhul Aman Ahmand @ Rahul Aman Ahmad @ Laddan @ Ruhul have been granted anticipatory bail by this Court vide orders dated 08.07.2024 09.07.2024 and 12.07.2024 passed in A.B.A. No. 3225 of 2024, A.B.A. No. 3375 of 2024 and A.B.A. No. 3237 of 2024 respectively. Hence, he may be given the privilege of anticipatory bail.

3. Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail.

4. Having heard learned counsel for the parties and considering that similarly situated co-accused persons have already been granted anticipatory bail by this Court, I am inclined to enlarge the petitioner on anticipatory bail.

5. Accordingly, the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty

thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Special Judge (POCSO), Jamshedpur in connection with Spl. Case No. 174 of 2018 (S) arising out of Mango P.S. Case No. 13/2018, subject to the condition as laid down under Section 438(2) Cr.P.C.

Ritesh/

(Rajesh Shankar, J.)