The High Court of Jharkhand rejected a bail application filed by an accused charged with IPC and POCSO offences. The court refused bail based on the direct allegation of rape found in the victim's statement recorded under Section 164 Cr.P.C.
The prayer for bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 600 of 2018
Rahis Ansari @ Md. Raish Ansari @ Rahees Ansari
…. …. Petitioner(s). Versus The State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. A.K. Chaturvedy, Advocate For the State : A.P.P.
10/03.07.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections363, 366(A) IPC and later on 4/8 of POCSO Act and Section 376 IPC has been added.
Certified copy of statement of victim recorded under Section 164 Cr.P.C, which is on record, suggests that there is direct allegation against this petitioner of committing rape upon the victim.
Taking into consideration the statement of victim, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer of bail of the petitioner above named in connection with Padwa Police Station Case No. 49 of 2017 (G.R. No. 1751 of 2017), pending in the court of learned Judicial Magistrate, Palamau at Daltonganj stands rejected.
(ANANDA SEN, J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under IPC and POCSO Act.
Whether the statement of the victim under Section 164 Cr.P.C. warrants refusal of bail.
4 provisions across 3 enactments
Rahis Ansari @ Md. Raish Ansari @ Rahees Ansari
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
