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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Chhotu Kumar, S/o-Bablu Das – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appellant's custody questioned based on lack of evidence of crime. (Para 1 , 2 , 3 , 4) |
| 2. state's opposition based on recovery of tickets. (Para 5) |
| 3. court observed lack of complaint and illegal custody. (Para 6 , 7 , 8) |
| 4. court decided to quash the previous order. (Para 9 , 10) |
| 5. final decision allowing bail with conditions. (Para 11 , 12 , 13 , 14) |
ORDER :
1. The instant appeal filed, under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 09.09.2024 passed in B.P. No. 1183 of 2024 by the learned Additional Judicial Commissioner-I, FTC, Ranchi in connection with AHTU P. S. Case No. 10 of 2024 registered under Sections 137(2)/145 of the BNS, 2023 and under Sections 75/81 of the Juvenile Justice Act, now pending in the court of learned C.J.M., Ranchi whereby and whereunder the prayer for regular bail of the appellant has been rejected.
2. It has been contended on behalf of appellant that it is a case where even though no ingredient of Section137(2)/145 of the BNS, 2023 and under Sections 75/81 of the Juvenile Justice Act is attracted but the appellant has been taken into custody and he is languishing in judicial custod
The court emphasized that mere accusations without evidence of exploitation do not justify denial of bail, particularly for an accused with no criminal antecedents.
The court emphasized the right to a fair trial under Article 21, allowing bail due to prolonged custody and limited witness examination.
The court affirmed that sufficient evidence of kidnapping and trafficking existed, justifying the denial of bail despite the appellant's claims of innocence.
The court emphasized that lack of criminal antecedents and the return of the victims substantiate the case for granting bail despite serious charges under IPC and ITP Act.
The court ruled that the lack of evidence substantiating the charges under Section 143 (5) BNS warranted the granting of bail, emphasizing the importance of parental consent in trafficking allegation....
The central legal point established in the judgment is the consideration of the age of the juvenile accused and the provisions of the Juvenile Justice Act in deciding on the bail application.
The main legal point established in the judgment is that a juvenile in conflict with the law should be considered for bail based on the criteria and parameters set out in Section 12 of the Juvenile J....
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