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2026 DAILYLAW 28442 (JHR)

SANJAY INDAWAR THROUGH HER MOTHER SONAMATI DEVI v. THE STATE OF JHARKHAND

Cr.A(SJ)/873/2026 · 2026-10-08

Rajesh Kumar

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Judgment text

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2026:JHHC:30145 1 Cr. Appeal (S.J.) No. 873 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 873 of 2026 ------ Sanjay Indawar through her mother Sonamati Devi, aged about 16 years, S/o Basant Indwar, R/o Village-Kharia Toli, Baldega, P.O. & P.S.-Jaldega, District-Simdega, Jharkhand .... .... …. Appellant Versus 1. The State of Jharkhand 2. The victim .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. Shubham Mishra, Adv. Mr. Gyandev Raj, Adv. For the State : Mr. Sanat Kr. Jha, Spl.P.P ------ Order No.03 Dated : 08.10.2026. Heard learned counsel for the appellant and learned APP for the State. 2. In spite of information regarding pendency of present appeal, nobody appears on behalf of respondent No.2/ victim. 3. The present appeal has been filed against the order dated 24.09.2025 passed by learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Simdega in Misc. Criminal Application No.554 of 2025 in connection with Jaldega P.S. Case No.04 of 2025, arising out of Children Case No. 07 of 2025, registered for the offence under Sections 65(2) of the BNS, 2023 and Sections 4, 6, 8 of the POCSO Act by which prayer for bail of the appellant has been rejected. The case is pending before the Court of learned Additional Sessions Judge-I-cum-Special Judge, Children Court, Simdega. 4. Earlier the prayer for bail of the present appellant has been dismissed as withdrawn vide order dated 29.07.2026 passed by this Court in Cr. Appeal (S.J.) No.375 of 2026. 5. The juvenile in conflict with law, is in custody since 09.01.2025, has approached this Court for release through her mother who is ready and willing to keep her child under her custody with proper care. It appears that the juvenile is accused of committing rape upon a minor girl. 6. It has been submitted by the learned counsel for the appellant that the medical report does not suggest violent sexual contact and out of 13 2026:JHHC:30145 2 Cr. Appeal (S.J.) No. 873 of 2026 charge sheeted witnesses, 10 witnesses have already been examined. On the above basis, the prayer for regular bail has been made. 7. On the other hand, learned counsel for the State has opposed the prayer of the appellant stating that the victim-girl is eight years old. 8. Having heard the learned counsel for the parties and after perusing the social investigation report, this Court finds that the juvenile does not deserve to be released on bail at this stage. 9. Accordingly, this criminal appeal is, hereby, dismissed. (Rajesh Kumar, J.) 08.10.2026 Pawan/ Uploaded on 09.10.2026