Allowed

Soyeb Babu Ansari Alias Saiyab Babu v. State of Jharkhand

Jharkhand HC5 Feb 2021B.A./118/2021

Case brief

AI extract

What is this about?

This single-paragraph order in a High Court bail application pending a POCSO case grants bail to the petitioner. The court ignored defects in the application noted by the stamp reporter based on the petitioner's undertaking to cooperate and expedite the trial, directing him to execute a bond with sureties.

What did the court decide?

Bail to the petitioner was granted by directing him to execute a bond of Rs. 25,000/- with two sureties of like amount to the satisfaction of the Special Judge, Bokaro.

Soyeb Babu Ansari Alias Saiyab Babu Vs State… — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.118 of 2021

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Soyeb Babu Ansari @ Saiyab Babu … Petitioner Versus 1. The State of Jharkhand 2. Subejaan Khatoon … Opposite Parties

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Arwind Kumar, Adv. For the State : Mr. V.N. Jha, Addl. P.P.

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02 /05.02.2021 Heard the parties through video conferencing.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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The petitioner has been made accused in connection with Pindrajora P.S. Case No. 64 of 2019, corresponding to Special POCSO Case No.30 of 2020 registered under sections 376/417 of the Indian Penal Code and Sections 4/8 of POCSO Act and charge-sheet has been filed under Section 376/417 of I.P.C. and Section 4 of POCSO Act.

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Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is next submitted that in the medical examination of the victim, her age has been stated more than 18 years. It is further submitted that the victim is an adult person and it is basically a case of consensual sexual relationship between the petitioner and the victim on the pretext of marriage. It is also submitted that admittedly there was love affairs between the petitioner and the informant. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 28.01.2020 as mentioned in paragraph 1 of the bail application. Hence it is submitted that the petitioner be released on bail.

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Learned Addl. P.P. opposes the prayer for bail.

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Considering the facts of this case, the above named petitioner is

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directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees twenty five thousand) with two sureties of the like amount

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each to the satisfaction of learned Addl. Sessions Judge-I, cum-Special Judge, Bokaro in connection with Pindrajora P.S. Case No. 64 of 2019, corresponding to Special POCSO Case No.30 of 2020 with the condition that he will co-operate with the trial of the case.

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(Anil Kumar Choudhary, J.)

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Pappu/

Soyeb Babu Ansari Alias Saiyab Babu v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Soyeb Babu Ansari Alias Saiyab Babu v. State of Jharkhand

Case brief

What is this about?

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