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2026 DAILYLAW 24850 (JHR)

KARTIK PANDEY ALIAS ARTIK SUMAN v. THE STATE OF JHARKHAND

A.B.A./3276/2026 · 2026-08-29

Sanjay Kumar Dwivedi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:26054 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3276 of 2026 ---- Kartik Pandey @ Artik Suman aged about 18 years, S/o Amit Kumar, all resident of village Anandpuri Colony Hazaribag, P.O. & P.S. Korrah, District- Hazaribag …. …. Petitioner(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---- For thePetitioner(s) : Mr. Mohit Prakash, Adv. For the State : Mr. Rakesh Kumar Sinha, A.P.P. ---- 03/Dated: 29th August, 2026 1. Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Korrah P.S. Case No.54 of 2026, for the alleged offences registered under Sections 115(2), 117(2), 109, 74, 329, 351(3), 189, 190 of Bharatiya Nyaya Sanhita, 2023 and Section 12 of the POCSO Act, pending in the Court of learned Additional Sessions Judge-IV-cum-Spl. Judge, POCSO, Hazaribag. 3. Learned counsel appearing for the petitioner submits that the supplementary affidavit is ready, however, the same could not be filed in the Registry. 4. In view of the aforesaid submission, the supplementary affidavit is taken on record. 5. Learned counsel for the petitioner submits that the petitioner is a student of Class-X and has recently taken admission in Class-XI. To buttress this argument, he refers to the supplementary affidavit and submits that the Class-X examination result issued by the Central Board of Secondary Education has been annexed thereto, which shows that the petitioner has passed the said examination in First Division. He further submits that the petitioner is a student and, in the meantime, charge-sheet has been submitted against the other co- accused persons, wherein no offence under the POCSO Act has been alleged. He submits that at once the petitioner is taken into custody, his entire career 2026:JHHC:26054 Page | 2 A.B.A. No.3276 of 2026 would be ruined. On these grounds, he submits that anticipatory bail may kindly be granted. 6. Learned counsel appearing for the State opposes the prayer and submits that there is also an allegation of assault against the petitioner and, therefore, his prayer for anticipatory bail may be rejected. 7. From the supplementary affidavit, it appears that the Class-X examination result of the Central Board of Secondary Education has been annexed, which shows that the petitioner has passed the said examination in First Division. It has also been stated that the petitioner has recently taken admission in Class XI. It further appears that the charge-sheet submitted against the other co-accused does not contain any offence under the POCSO Act. 8. The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon'ble Supreme Court right from Gurubaksh Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565, Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1, wherein it is consistently held by Hon'ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of all the accused to cooperate in investigation and trial and the conduct of the accused and flight risk. 9. Considering that the petitioner is having no criminal antecedent. Petitioner is a student and recently he has passed Class-X examination in first division, I am inclined to provide anticipatory bail to the petitioner with the following conditions:- (a) The petitioner shall not pressurize/intimidate the prosecution witnesses. 2026:JHHC:26054 Page | 3 A.B.A. No.3276 of 2026 (b) The petitioner shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of the charge and (iii) recording of statement under Section 351 of BNSS. (c) The petitioner shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (d) The petitioner shall remain present before the trial court on each date fixed, either personally or through his counsel. 10. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-IV-cum- Spl. Judge, POCSO, Hazaribag in connection with Korrah P.S. Case No.54 of 2026, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated: 29th August, 2026 Amar/- Uploaded on 03.09.2026