The court refused bail to an accused charged under Sections 64/64(2)(i)/64(2)(k) of the Bharatiya Nyaya Sanhita, 2023, involving allegations of rape against a disabled victim. The judgment affirms the prevailing approach regarding the denial of bail in grave sexual offences and will serve as binding authority for subordinate courts within Jharkhand.
Summary
| Category | Data |
|---|---|
| Case Name | B.A./9418/2025 of TAPAS SINGH Vs THE STATE OF JHARKHAND |
| CNR | JHHC010335872025 |
| Date of Registration | 06-10-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | Rejected |
| Judgment Author | HON’BLE MR. JUSTICE AMBUJ NATH |
| Court | High Court of Jharkhand |
| Bench | Single Judge Bench (HON’BLE MR. JUSTICE AMBUJ NATH) |
| Precedent Value | Binding within jurisdiction |
| Type of Law | Criminal Law (Substantive and Procedural) |
| Questions of Law | Whether bail ought to be granted in cases involving serious allegations under Sections 64/64(2)(i)/64(2)(k) of the BNS, 2023, specifically cases alleging rape against a person with disabilities. |
| Ratio Decidendi |
The court declined to grant bail to the petitioner accused of raping the deaf and dumb sister-in-law of the informant, citing the gravity and nature of the allegation. The judgment reflects the principle that in serious offences involving sexual crimes against vulnerable victims, bail ought not to be ordinarily granted. The approach demonstrates strict scrutiny at the bail stage when the charges implicate offences under the BNS, 2023, pertaining to sexual violence. This decision aligns with the prevailing practice upholding stringent standards for bail in such grave offences. |
| Facts as Summarised by the Court | The petitioner was accused in S.T. Case No. 103 of 2025 arising from Barsole P.S. Case No. 40 of 2024, for offences under Sections 64/64(2)(i)/64(2)(k) BNS, 2023. It is alleged that on 18.11.2024 at about 11:30 P.M., the petitioner raped the deaf and dumb sister-in-law of the informant. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Jharkhand |
| Persuasive For | Other High Courts and potentially the Supreme Court in similar bail matters under BNS, 2023 |
What’s New / What Lawyers Should Note
- Reinforces that in allegations of rape, especially against persons with disabilities, bail will not ordinarily be granted by the High Court at the pre-trial stage.
- Sets a precedent under the Bharatiya Nyaya Sanhita, 2023 for strict consideration of bail applications in grave sexual offence cases.
- Lawyers handling bail under BNS, 2023 must be prepared for heightened scrutiny of bail applications in cases involving vulnerable victims.
- The nature and seriousness of the allegation alone can suffice to deny bail; the court need not detail further reasons where the accusation pertains to grave sexual crimes.
Summary of Legal Reasoning
- The court considered the allegations as set out in the FIR and charge-sheet, noting the serious nature of the offence (rape of a disabled victim under Sections 64/64(2)(i)/64(2)(k) BNS, 2023).
- The gravity of the allegation was the primary consideration; no mitigating circumstances or grounds warranting bail were noted or argued.
- Emphasized that the standard bail jurisprudence regarding sexual offences remains applicable under the new BNS, 2023 framework.
- The court’s concise reasoning demonstrates that in particularly egregious sexual offences, especially involving vulnerable victims, the serious nature of the accusation may itself be determinative in declining bail at the pre-trial stage.
Factual Background
The petitioner was made an accused in S.T. Case No. 103 of 2025, arising from Barsole P.S. Case No. 40 of 2024, corresponding to G.R. Case No.4 of 2025, registered under Sections 64/64(2)(i)/64(2)(k) of the B.N.S., 2023. The core allegation is that on 18.11.2024 at about 11:30 P.M., he raped the informant’s deaf and dumb sister-in-law. The matter was pending before the Additional Sessions Judge-I, Ghatsila, at the time of the bail application.
Statutory Analysis
- The judgment deals with bail considerations for offences under Sections 64/64(2)(i)/64(2)(k) of the Bharatiya Nyaya Sanhita, 2023.
- The court relied upon the statutory framework of the BNS, 2023, particularly as it pertains to the gravity of offences concerning sexual crimes against persons with disabilities.
- No new interpretation or reading down of statutory provisions is discussed.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms the established practice of denying bail in grave sexual offence cases, especially involving vulnerable victims.