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2025 DAILYLAW 33505 (JHR)

ASHOK YADAV ALIAS ASHOK KUMAR v. THE STATE OF JHARKHAND

B.A./9120/2025 · 2025-10-10

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:31550 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9120 of 2025 ------ Ashok Yadav @ Ashok Kumar, aged about 20 years, son of Raju Yadav, resident of Village –Sinduwari, P.O. Chatra, P.S. –Chatra Sadar, District –Chatra. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Nishant Kr. Roy, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. ------ Order No.03 Dated- 10.10.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with POCSO Case No. 45 of 2024 arising out of Sadar P.S. Case No.205 of 2024 registered for the offences punishable under sections 363/366A/34 of the Indian Penal Code and charge sheet has been submitted under Section 363/34, 366/34 and 376 of the Indian Penal Code and under Section 4 of the POCSO Act. The learned senior counsel for the petitioner submits that this is the second journey of the petitioner with the prayer for regular bail and earlier the prayer for regular bail of the petitioner was rejected vide order dated 08.05.2025 in B.A. No. 3656 of 2025. The learned senior counsel for the petitioner further submits that the additional ground is that in the meanwhile the informant and the victim have been examined and the petitioner has remained in custody for a considerable period of time. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that the prosecutrix in her deposition has categorically stated about the petitioner committing rape upon her and in view of the serious nature of allegation against the petitioner, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Considering the serious nature of allegation against the petitioner and the evidence which has already came on record against him as well as the chance of his absconding and tampering with evidence, if released on bail, this Court is not inclined to admit the above-named petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) 10.10.2025 Sonu/Gunjan-