The petitioner, accused under Sections 354(A) IPC and POCSO Act for oulining a minor's modesty, sought bail. Despite a prior rejection on 26.09.2014, the High Court ordered release on bail with bond and conditions.
Directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, one being the father.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A.No. 8334 of 2014
Shamsher Ansari. ... ... ...Petitioner -VersusThe State of Jharkhand. ... ... ...Opp. Party
CORAM: THE HON’BLE MR. JUSTICE D.N.UPADHYAY
For the Petitioner: Mr. Md. Faruque Ansari, Advocate. For the State: A.P.P.
02/ 14.11.2014 The petitioner is an accused in a case registered under Sections 354(A) of the Indian Penal Code and 4/8 of POCSO Act.
It reveals from the F.I.R. that the petitioner and his associates had tried to outrage the modesty of minor girl aged about 16 years and she was saved only after arrival of her relative.
It is submitted that the petitioner is in jail custody since 12.06.2014. There is delay of six days in reporting the F.I.R. and no explanation has been extended. No ingredient of Section 4 or Section 8 of POCSO Act is attracted. Section 354(A) is bailable.
Counsel for the State has opposed the prayer and submitted that prayer for bail made on behalf of this petitioner has already been rejected on merit on 26.09.2014 vide B.A.No.5993/2014.
Considering the period of detention, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of like amount each to the satisfaction of the Special Judge (POCSO Act), Palamau at Daltonganj in connection with Chainpur P.S. Case No. 93/2014, corresponding to POCSO Case No.9/2014 with the condition that one of the bailors must be the father of the petitioner and he shall give undertaking that he would take care of his son in future so that the petitioner may not indulge in such activities.
[D.N.Upadhyay,J.]
P.K.S.
1 issue framed by the court
Whether the petitioner, an accused under Section 354(A) IPC and POCSO Act, is entitled to bail.
3 provisions across 3 enactments
Shamsher Ansari
The State of Jharkhand
D.N.Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
