This bail application by an accused in a POCSO and rape case was dismissed. The bench noted the prior rejection of bail and the victim's supportive deposition, refusing to release the petitioner on bail.
Prayer for bail 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. 9561 of 2020
Muntsir Ansari @ Muntashr @ Muntizir Ansari .... Petitioner(s). Versus
The State of Jharkhand … Opp. Party(s).
------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN . Through: Video Conferencing
For the Petitioner(s) : Mr. Md. Zaid Ahmed, Advocate. For the State : Mr. Nawin Kr. Singh, A.P.P.
02/11.12.2020: The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11:00 A.M. They have no complaint in respect of the audio and video clarity and quality.
Heard the counsel for the parties.
The petitioner is an accused for the offence punishable under Section(s) 363 and 376-D of the Indian Penal Code and Sections 3 and 4 of the POCSO Act in connection with Special POCSO Case No. 217/2017, arising out of Sisai P.S. Case No. 22/2017 (G.R. No. 217/2017), pending in the court of learned Addl. Sessions Judge-I-cum-Special Judge, Gumla.
Earlier, the prayer for bail of the petitioner was rejected on 18.12.2017. The victim, who was aged about 15 years at the time of occurrence, has been examined as a witness in this case. In para 2 of her deposition, she has supported the case of the prosecution.
In view of the aforesaid fact, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner, above named, is rejected.
(ANANDA SEN, J.)
Anu/-C.P.-3
2 issues framed by the court
Whether the petitioner should be released on bail in a pending POCSO case where bail was earlier rejected and the victim supports the prosecution.
Whether the complaint of video conferencing clarity justifies releasing the petitioner on bail.
2 provisions across 2 enactments
Muntsir Ansari
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
