SANIPAL MACHHUWA ALIAS SHANIPHAL MACHHUA ALIAS BODE MACHHUA v. THE STATE OF JHARKHAND
B.A./2304/2025 · 2025-03-24
Ambuj Nath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8790 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8790 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2304 of 2025
Sanipal Machhuwa @ Shaniphal Machhua @ Bode Machhua,
aged about 33 years, S/o Gurucharan Machhuwa @ Voda
Machhuwa, R/o Sopadera Jambi Nagar P.O.- Sarjamda, P.S.-
Parsudih, Town-, Jamshedpur, District- East Singhbhum,
Jharkhand.
… … Petitioner - Versus - The State of Jharkhand
... … Opposite Party
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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----- For the Petitioner: M/s. Anurag Kashyap, Advocate For the State : M/s. Priya Shrestha, Spl.P.P
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02/24.03.2025 Heard the Parties.
Petitioner has been made an accused in connection with Special POCSO Case No. 22 of 2024, arising out of Parsudih P.S. Case No. 121 of 2023, for the offence registered under Sections 376DA of the Indian Penal Code and Section 6 of the POCSO Act and chargesheet has been submitted for the offence under Sections 376DA, 366A, 354A/ 34 of the Indian Penal Code and Sections 4, 6 r/w 5(g), 8 and 10 r/w 9(g) of the POCSO Act, pending in the Court of learned Special Judge, Exclusive (POCSO) Court, Jamshedpur.
On 29.11.2023 at about 06:00 P.M., the petitioner and the co-accused persons had gang raped the prosecutrix near Barigora Puliya, Parsudih, Jamshedpur.
Statement of the victim has been recorded during the trial in which she has stated about the complicity of the petitioner.
Learned lawyer for the petitioner submitted that the victim has not named the petitioner as the person who was involved in the alleged occurrence in her statement recorded under section 164 Cr.P.C. It was further submitted that similarly situated co- accused has been granted bail by co-ordinate bench of this court.
Learned A.P.P. has opposed the prayer for bail and
submitted that the victim has named the petitioner as one of the perpetrators of the crime in her statement under section 164 Cr.P.C.
Regard being had to the facts and circumstance of the case; I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is hereby rejected.
Learned court below shall expedite the trial.
(Ambuj Nath, J.)
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