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2021 DIGILAW 410 (JHR)

Jaynandan Yadav v. State of Jharkhand

2021-06-01

ANUBHA RAWAT CHOUDHARY

body2021
JUDGMENT : 1. Heard Mr. Sheo Kumar Singh, learned counsel appearing on behalf of the appellants. 2. Heard Mr. V.S. Sahay, learned counsel appearing on behalf of the opposite party-State. 3. Learned counsel for the appellants submits that instant criminal appeal has been filed against the impugned order of rejection of bail application dated 29.01.2021 in connection with Nawdiha Bazar P.S. Case No. 82 of 2020, Special POCSO Case No. 79 of 2020, M.C.A. No. 269 of 2021, passed by Sri Shatrunjay K. Singh, learned Exclusive Special Judge, POCSO, Palamau at Daltonganj, for registration of offence under Sections 341/ 323/ 376/511/354/457/504/506/34 of the Indian Penal Code, 8/12 of the POCSO Act and under Section 3(1) (x) (xi) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, pending in the court of Sri Shatrunjay K. Singh, learned Exclusive Special Judge, POCSO, Palamau at Daltonganj. 4. Learned counsel for the appellants submits that the appellants have been falsely implicated in this case and the appellant Nos. 1 and 2 are in custody since 17.10.2020 and 20.10.2020 respectively. 5. Learned counsel appearing on behalf of the opposite party-State has opposed the prayer and submits that there are direct and serious allegations against the appellants and they may not be enlarged on bail. 6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the fact that there are direct allegations levelled against the appellants and the offence is of serious nature, this court is not inclined to enlarge the appellants on bail. This court does not find any illegality on perversity in the impugned order of rejection of bail. Accordingly, the present appeal is hereby rejected. 7. Let this order be communicated to the court concerned through FAX/e-mail.