Dismissed¶6

Xyz v. the State of Jharkhand

Jharkhand HC18 Jun 2026B.A./5074/2026

Case brief

AI extract

What is this about?

Bail rejected; POCSO; Bharatiya Nyaya Sanhita S.64(1); POCSO Act S.4; Kharswan P.S. Case No. 01 of 2026; POCSO Case No. 04 of 2026; Seraikella; custody since 09.01.2026; trial in progress; 1 of 7 witnesses examined; alleged 11-day FIR delay; victim age 17-18; direction to produce remaining witnesses; Director Prosecution; Superintendent of Police; Jharkhand High Court; Anubha Rawat Choudhary, J.; 18.06.2026.

What did the court decide?

Bail refused; bail application rejected. Directions issued to the State to promptly produce the remaining witnesses and to communicate the order to the Director, Prosecution and the Superintendent of Police of the concerned district, with a copy sent to the trial court through FAX/email. ¶6

Xyz Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 09.01.2026 in Kharswan P.S. Case No. 01 of 2026 (Section 64(1) Bharatiya Nyaya Sanhita / Section 4 POCSO Act) with the trial in progress, should be enlarged on bail.

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Court's answer

Considering the nature of allegation against the petitioner and the fact that the trial is already in progress, the Court was not inclined to enlarge the petitioner on bail; the bail application is rejected.

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Ratio / Principle

The State is directed to ensure that the remaining witnesses are promptly produced before the learned court (trial court).

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Key takeaways

Learned counsel for the State is directed to communicate this order to the Director, Prosecution and to the Superintendent of Police of the concerned district to ensure compliance; copy of the order to be sent to the learned court concerned through FAX/email.ratio¶8

Detailed headnote1 paragraphs

Bail application (B.A. No. 5074 of 2026, High Court of Jharkhand at Ranchi; Anubha Rawat Choudhary, J.) rejected. Petitioner, aged 45 years, in custody since 09.01.2026 in Kharswan P.S. Case No. 01 of 2026 (POCSO Case No. 04 of 2026), registered under Section 64(1) of Bharatiya Nyaya Sanhita and section 4 of POCSO Act, pending before the Principal District & Sessions Judge, Seraikella. Counsel for the petitioner pleaded false implication, 11-day delay in lodging the FIR, victim's age of 17-18 years, and that only 1 of 7 witnesses had been examined despite the victim having supported the prosecution case. The State opposed bail, citing direct allegation against the petitioner and trial in progress. Considering the nature of allegation and that trial was already in progress, the Court declined bail. However, it directed the State to ensure prompt production of the remaining witnesses, and directed communication of the order to the Director, Prosecution and the concerned Superintendent of Police, with a copy to the trial court through FAX/email. Order dated 18.06.2026.

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2026:JHHC:17725

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 5074 of 2026

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The State of Jharkhand … … Opposite Party ---

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --For the Petitioner : Mr. Abhishek Kumar Dubey, Advocate For the Opp. Party : Mr. Shashi Kumar Verma, APP ---

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02 /18.06.2026 Heard the learned counsels appearing on behalf of the parties.

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2. Learned counsel for the petitioner submits that the petitioner is in custody in connection with Kharswan P.S. Case No. 01 of 2026 (POCSO Case No. 04 of 2026), registered under Section 64(1) of Bharatiya Nyaya Sanhita and under section 4 of POCSO Act, now pending in the court of learned Principal District & Sessions Judge, Seraikella.

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3. The petitioner is 45 years of age and is in custody since 09.01.2026.

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4. Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in this case and there is a delay of 11 days in lodging the First Information Report. He submits that the age of the victim is 17-18 years. He has submitted that the victim has been examined and she has supported the prosecution case, but the trial has not yet concluded so far. He submits that out of 07 witnesses, only 01 witness has been examined.

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5. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer for bail and has submitted that the case is of January, 2026 and trial is in progress. He submits that there is direct allegation against the petitioner and accordingly the petitioner may not be enlarged on bail.

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6. After hearing the learned counsels for the parties and considering the nature of allegation against the petitioner and the fact that trial is already in progress, this Court is not inclined to enlarge the petitioner on bail and hence, this bail application is rejected.

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2026:JHHC:17725

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7. However, the State is directed to ensure that the remaining witnesses are promptly produced before the learned court.

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8. Learned counsel for the State is directed to communicate this order to the Director, Prosecution and also to the Superintendent of Police of the concerned district to ensure compliance.

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9. Let a copy of this order be communicated to the learned court concerned through “FAX/email”.

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(Anubha Rawat Choudhary, J.)

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Date of Order:18.06.2026 Pankaj Date of Uploading:20.06.2026

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Xyz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Xyz v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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