In a bail application under Section 366(A) IPC and Section 12 POCSO Act, the High Court of Jharkhand allowed the plea for release on bail, directing furnishing of a bond with sureties to the trial court.
Petitioner 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. 10244 of 2021
Md Afjal Sidiki @ Md. Afzal Siddiqui ..... … Petitioner Versus 1. The State of Jharkhand 2. Nisar Ahmad …. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Ashok Kumar, A.P.P. --------
08/11.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicant– Md Afjal Sidiki @ Md. Afzal Siddiqui with prayer to release on bail in connection with I.E.L. P.S. Case No. 15 of 2021 registered under Section 366(A) of the Indian Penal Code and Section 12 of the POCSO Act pending in the court of learned Additional Sections Judge-1st -Cum Spl. Judge, Bokaro.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the father of the victim with the allegations that his minor daughter was enticed away by the applicant for one month back. It is also alleged that on insistence and force used by the applicant, she accompanied him and both lived in Hazaribag and Telaiya and came back to Bokaro. During this period, no physical relations were established between them. It is further submitted that the victim has not alleged in regard to any sexual assault made by the applicant. The applicant has been languishing in jail since 10th June, 2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the victim has supported the prosecution story in her statement under Section 164 Cr.P.C.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court of learned Additional Sections Judge-1st -Cum Spl. Judge, Bokaro in aforesaid case.
(Subhash Chand, J.)
Rohit/-
1 issue framed by the court
Whether bail should be granted to the applicant accused of enticement of a minor girl under Section 366(A) IPC.
3 provisions across 3 enactments
Md Afjal Sidiki @ Md. Afzal Siddiqui
The State of Jharkhand
Nisar Ahmad
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
