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2026 DAILYLAW 3773 (JHR)

KAMLESH KORWA v. STATE OF JHARKHAND

B.A./2192/2026 · 2026-03-19

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:7751] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. no. 2192 of 2026 Kamlesh Korwa, aged about 18 years, S/O Bigan Korwa, R/O Vill. Makri Tola Asnanbandh, P.O. Makri P.S.- Bhavnathpur, District- Garhwa … Petitioner Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Divyansh Krishna, Adv. For the State : Mr. Gautam Rakesh , Addl. PP 02 / 19.03.2026 Heard the parties. The petitioner has been made accused in connection with Dandai P. S. case no. 103 of 2025 instituted under Sections 127(2), 115(2), 117 (2), 64, 332 (b), 331(6), 351 (2) of BNS, 2023 and Section 4 and 6 of the POCSO Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the minor victim girl and also committed aggravated penetrative sexual assault upon her. It is submitted that the allegation against the petitioner is false and there is delay of two days in lodging the FIR and there is no medical evidence to support the case of the prosecution. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 6 of the bail application. It is next submitted that the petitioner has been in jail custody since 05.10.2025, as mentioned in para 5 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that in view of the serious allegation against the petitioner of committing aggravated penetrative sexual assault upon the minor victim girl and there is every chance of the petitioner absconding, if released on bail and also there is chance of the petitioner tampering with the evidence. It is therefore submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner as well as the chance of his tampering with the evidence and absconding, if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Dated 19.03.2026 Smita/-