Sandeep Sahu Vs the State of Jharkhand

This Criminal Appeal has been filed on behalf of the appellant by challenging the order dated 12.02.2025 passed by Asif Equbal, learned Addl. Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi in Misc. Criminal Application No.273 of 2025 arising out of Children Case No.02 of 2025, Lapung P.S. Case No.18 of 2024, G.R. Case No.1837 of 2024 for the offences under Sections 302/201/34 of IPC by which the prayer of bail of the appellant has been rejected.

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Heard learned counsel for the appellant and learned APP. However, none appears on behalf of the Informant even today i.e. on 19.08.2025, even after the notice being served upon the Informant vide order dated 11.06.2025 passed by this Court.

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As per FIR, the daughter of the informant was found missing and he suspected against the appellant for enticing his daughter.

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Learned counsel for the appellant submitted that the impugned order passed by the learned Court below is illegal,

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2025:JHHC:24612

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arbitray and not sustainable in eye of law. It is submitted that the juvenile appellant has committed no offence and the allegation against the appellant for committing murder of the deceased is false and concocted. It is submitted that admittedly the appellant and the deceased were having love affairs over a long period and there was no dispute between them. It is submitted that there was delay of eight days in lodging the FIR. It is submitted that the confession was recorded later on at 08:00 AM on 23.05.2024. It is submitted that the witnesses namely Nupur Barla, Lalo Barla and Parwati Kumar are interested witnesses. It is submitted that the appellant is in custody since 24.05.2024 and hence he may be enlarged on bail.

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On the other hand, learned APP has opposed the prayer of bail and submitted that this juvenile appellant has committed the murder of the deceased. It is submitted that the appellant was taken into custody on 23.05.2024 at around 08:30 AM and later on the dead body was recovered. Thus, the recovery of dead body was done on the basis of confessional statement of the appellant. Though, the Postmortem Report also reveals that the deceased was brutally killed and hence the prayer of bail of the appellant may be rejected.

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Perused the records and submissions of the learned counsel for both the sides.

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It appears that the appellant was declared as juvenile by the learned Court below and his case is pending before the learned Children Court.

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It appears from the FIR that there was delay of eight days in lodging the FIR.

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It also appeared that the appellant is prime suspect in this

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2025:JHHC:24612

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case and there were love affair between both the sides.

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It further appears that the appellant was arrested on 23.05.2024.

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It reveals from the paragraph 3 of the Case Diary that the appellant confessed his crime and later on (as per Para-6 of the Case Diary) the dead body was recovered by the police at around 08.30PM. Thereafter the confessional statement of the appellant was recorded at paragraph 12 of the Case Diary.

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Accordingly, this Court is not inclined to grant the bail for the appellant.

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Hence, the prayer for bail of the appellant is hereby rejected.

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Thus, the impugned order dated 12.02.2025 passed by Asif Equbal, learned Addl. Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi in Misc. Criminal Application No.273 of 2025 arising out of Children Case No.02 of 2025, Lapung P.S. Case No.18 of 2024, G.R. Case No.1837 of 2024 is affirmed.

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However, the learned Trial Court is directed to conclude the Trial expeditiously as early as possible.

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(Sanjay Prasad, J.)

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Nishant/-

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Sandeep Sahu v. the State of Jharkhand

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Sandeep Sahu v. the State of Jharkhand

Case brief

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