Juvenile appeal against bail rejection in a murder case under POCSO court proceedings; bail refused on the basis of the social investigation report indicating likelihood of contact with habitual criminals, with directions to the juvenile court to conclude trial within three months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 239 of 2023
Ashish Toppo … Appellant
- Versus - The State of Jharkhand ... … Respondent
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Appellant : Mr. A. S. Dayal, Advocate : Mr. Arvind Kr. Singh, Advocate For the State : Mr. Pankaj Kumar, P.P. ---
15/15.03.2024
This appeal has been preferred against the order dated 01.03.2023 passed by learned Additional Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi in connection with Children Case No. 01 of 2023 arising out Lalpur P.S. Case No.05 of 2021 whereby and wherein the learned Additional Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi.
The prosecution case was instituted on the basis of fardbyan of the informant namely Prakash Toppo alleging therein that in the mid-night of 02.01.2021, his brother namely Suno Toppo was last seen with this appellant and Sumesh Lakra. On the very next day his dead body was recovered. It is alleged that the appellant and co-accused Sumesh Lakra had committed murder of the deceased.
Mr. A.S. Dayal, learned counsel appearing on behalf of the appellant submitted that co-accused Sumesh Lakra has been granted bail by Co-ordinate Bench of this Court vide B.A. No.6580 of 2023 and the case of this petitioner stand on similar footing.
Mr. Pankaj Kumar, learned P.P. has opposed the prayer for bail and submitted that appellant was an accused in another case of Arms Act being Bariatu P.S. Case No.245 of 2020 and if the appellant will be released on bail, it is likely that he will come in contact with habitual criminals.
From the perusal of the social investigation report, it appears that if the appellant will be released on bail, it is likely that he will come in contact with habitual criminals.
Considering the aforesaid fact; I am not inclined to release the appellant, on bail. Accordingly, his prayer for bail stands rejected.
Learned Juvenile court shall dispose of the proceeding within three months from the next date fixed for recording of evidence.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether the juvenile appellant should be released on bail despite the social investigation report indicating risk of contact with habitual criminals.
1 provisions across 1 enactments
Ashish Toppo
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
