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2026 DAILYLAW 2302 (JHR)

ASHISH KUMAR ALIAS CHHOTU v. THE STATE OF JHARKHAND

B.A./1465/2026 · 2026-03-11

Rajesh Kumar

body2026

Judgment text

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2026:JHHC:6349 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1465 of 2026 ---- Ashish Kumar @ Chhotu, aged about 19 years, son of Shri Birendra Yadav, resident of Village Sonahatu, P.O.+P.S.- Haspura, Distt.-Bokaro, Jharkhand. …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)/Applicant(s) : Mr. Vishal Kr. Rai, Adv. For the State : Mrs. Bandana Sinha, A.P.P. ---- 02/Dated: 11th March, 2026 1. Heard learned counsel for the applicant and learned counsel for the State. 2. The applicant who is in custody since 23.10.2025 has approached this Court for grant of regular bail in connection with Gomia P.S. Case No.86 of 2025 corresponding to Special POCSO Case No.78 of 2025, registered for the offence under Sections 96, 137(2), 352, 351(2), 3(5) of B.N.S., 2023 and under Sections 8 & 12 of POCSO Act and charge sheet has been filed under Sections 65(1), 87, 137(2), 352, 351(2) & 64(2) of BNS and under Section 4(2) and 6 of POCSO Act, pending in the court of learned District & Additional Sessions Judge-III-cum-Special Judge (POCSO), Bokaro. 3. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part. 4. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that they were in long relationship for the last four years and the girl has gone out of her own will. As per the medical examination report, the age of the girl has been assessed between 16 to 18 years. On the above basis, prayer for bail has been made. 5. Learned counsel for the State has opposed the prayer for bail. 6. From perusal of the records, it appears that as per the school leaving certificate issued by the Principal, Government Middle School, Sonahatu, Bokaro, her date of birth is 15.08.2010 meaning thereby her age was around 15 years at the time of alleged occurrence. Even if, it is accepted that they were in long relationship it means that the girl was much minor. 7. Considering the nature of crime, I am not inclined to enlarge the applicant on bail. Accordingly, the present bail application is hereby rejected. (Rajesh Kumar, J.) Dated: 11th March, 2026 Amar/- Uploaded on 12.03.2026