Citation : 2026 Latest Caselaw 1377 Jhar
Judgement Date : 19 February, 2026
( 2026:JHHC:5086 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.11533 of 2025
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Paresh Oraon, aged about 19 years, s/o Late Kashinath Oraon, resident of Village-Kuidih, P.O.-Tuta, P.S.-Ichagarh, District- Seraikela Kharsawan.
... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Ms. Neha Bhardwaj, Advocate For the State : Ms. Bandana Sinha, Addl.P.P.
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Order No:-03 Dated:-19-02-2026 Heard the parties.
The petitioner has been made accused in connection with Ichagarh P.S. Case No.79 of 2024 corresponding to POCSO Case No.01 of 2025 registered for the offences punishable under Sections 65(2) of the BNS, 2023 and Section 4 & 6 of the POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed aggravated penetrative sexual assault upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is next submitted that there is an inordinate delay of 5 days in lodging the FIR without any plausible explanation. It is next submitted that there is no definite medical opinion to the effect that the petitioner has committed rape upon the victim. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in para-05 of this bail application. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 28.12.2024 as is evident from para-01 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that keeping in view the serious nature of allegation against the petitioner, there is every chance of the petitioner absconding or tampering with evidence, if released on bail. It is therefore submitted that the petitioner ought not be released on bail.
Considering the serious nature of allegation against the petitioner of committing aggravated penetrative sexual assault upon the victim girl which has been supported by the victim in her statement under Section 183 of the BNSS, 2023, the chance of the petitioner absconding or tampering with evidence, if released on bail, this Court is not inclined to admit the petitioner on bail at this stage. Accordingly, the prayer for bail of the above-named petitioner is rejected.
(Anil Kumar Choudhary, J.) 19/02/2026 Abhiraj/
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