Dismissed¶¶16

Hemant Kumar v. the State of Jharkhand

Jharkhand HC3 Jan 2025B.A./10894/2024

Case brief

AI extract

What is this about?

Bail application rejected — High Court of Jharkhand, Ranchi (Pradeep Kumar Srivastava, J., 03.01.2025); POCSO gang-rape case, Special POCSO Case No. 03 of 2023 / T. Tangar P.S. Case No. 58 of 2022, Simdega; Sections 376-DA, 341, 323, 325, 34 IPC; Sections 4, 8 and 6/12 POCSO Act, 2012; petitioner in custody since 01.12.2022; earlier bail already rejected on merits, no fresh ground; allegation of rape of minor girl held severe; trial court told to expedite trial.

What did the court decide?

Bail refused: the petitioner's earlier regular bail application had already been rejected on merits with no fresh ground raised, and the allegation of commission of rape with a minor girl is severe in nature; the present bail application stands rejected. ¶¶16

Hemant Kumar Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2025)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.10894 of 2024

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Hemant Kumar, aged about 20 years,

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Son of Late Pradeep Prasad, resident of village-Kasega, Saraktoli, P.O. & P.S. Thethai Tangar, District- Simdega.

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… Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. S.B. Gupta, Adv. Mr. Manish Kumar Choudhary, Adv. For the State : Mr. Shailesh Kumar Sinha, A.P.P.

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Order No.04/Dated- 03.01.2025

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Heard learned counsel for the parties.

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The petitioner has been an made accused in this case in connection with Special POCSO Case No. 03 of 2023 arising out of T. Tangar P.S. Case No. 58 of 2022 for offences punishable under Sections 376-DA, 341, 323, 325, 34 of the I.P.C. and Section 4, 8 and 6/12 of Protection of Children from Sexual Offences Act, 2012, which is pending in the Court of Learned Special Judge (POCSO), Simdega.

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As per FIR, allegation is that on 31.10.2022 at about 12:00 O’ Clock, the victim along with her parents had gone to the house of her maternal uncle situated at Konmenjara Ledrotoli and after that at about 09:00 PM, she along with her family members went to watch the dance program in Ind Mela Bazartand, Konmenjara. She further alleged that after watching the program, she along with a friend namely Manoj Baraik were returning to the house of her maternal uncle. In the night at about 02.30 AM, when they reached Bagicha Toli, they saw three unknown persons including this petitioner were standing there and started assaulting them with first and fats. In fear, Manoj Baraik fled away from the spot. The accused persons caught hold of her. She tried to raise alarm but they closed her mouth and

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took her to Veranda of Government Anganbari Center at Chotka toil and forcibly committed rape with her.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. The petitioner is languishing in jail since 01.12.2022. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

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Earlier the regular bail application of the petitioner has already been rejected on merits and there are no fresh ground has been raised. The allegation against the petitioner is of commission of rape with a minor girl which is severe in nature, I am not inclined to release the petitioner on bail, which stands rejected.

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The learned Trial Court is directed to expedite and conclude the trial at the earliest.

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(Pradeep Kumar Srivastava, J.)

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Amar/-

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Hemant Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Hemant Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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Procedural history

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Coram

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