The High Court of Jharkhand preferred the petitioner's undertaking to rectify defects and ordered his release on bail in a case under the Indian Penal Code and POCSO Act, directing cooperation with the trial.
Petitioner directed to be released on bail on furnishing a bond of Rs. 25,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2 of 2021
Md. Ejaz Ahmad @ Md. Ejaz Ansari … Petitioner Versus
The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate For the State : Mr. Ashok Kumar, Addl. P.P. ------
Order No.02 Dated- 01.02.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Barhi P.S. Case No.297 of 2019 registered under sections 366A/376/34 of the Indian Penal Code and under section 4 of the POCSO Act.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon the minor victim girl. It is further submitted that the allegations against the petitioner are all false and the F.I.R. of this case was registered consequent upon the complaint of the mother of the alleged victim being forwarded to police under section 156(3) Cr.P.C. It is then submitted that there is an inordinate delay of more than 15 days in filing the complaint and allegedly from the complaint itself, it is apparent that the daughter of the informant was a consenting party and only to pressurize the petitioner to marry the victim, this false case has been foisted. It is next submitted that the petitioner has been in custody since 23.09.2020 as has been mentioned in paragraph no. 14 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act Cases, Hazaribagh, in connection with Barhi P.S. Case No.297 of 2019 with the condition that he will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
2 issues framed by the court
Whether the petitioner should be admitted to bail in a case involving alleged rape and child sexual offences under the POCSO Act.
Whether defects in the bail application should be considered in light of the petitioner's undertaking to rectify them.
2 provisions across 2 enactments
Md. Ejaz Ahmad @ Md. Ejaz Ansari
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
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