Partly allowed

Sohaib Khan v. the State of Jharkhand

Jharkhand HC7 Jul 2023B.A./2834/2023

Case brief

AI extract

What is this about?

In a bail application, the High Court released the petitioner, an accused in a POCSO and IPC case involving sexual assault, on bail subject to a bond and specific conditions of presence and conduct, noting the period of custody.

What did the court decide?

Petitioner released on bail subject to bond of Rs.25,000 and two sureties, with conditions of physical attendance in court and non-interference with prosecution.

Sohaib Khan Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2834 of 2023

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Subodh Kumar Dubey, Addl.P.P ------

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Order No.06 Dated- 07.07.2023

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Chutia P.S. Case No. 51 of 2022 registered under sections 354(A)/34,341/323 of Indian Penal Code and Sections 8/17 of the POCSO Act.

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As per the FIR, allegation is that the petitioner used to visit the house of the victim-girl as he has illicit relationship with her mother and he also used to stay in the night. It is alleged that the petitioner had evil eyes upon informant also use to touch her body from behind with evil motive. While informant was sleeping petitioner also tried to enter under the blanket causing her fear and annoyance.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 22.02.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

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It appears that the victim-girl who is aged about 16 years she resides along with her mother and brother in a rented house at Ranchi where the present petitioner used to visit her house and he had an illicit relationship with her mother and it is also alleged that the present petitioner had bad intention upon the victim girl and upon protest, the present petitioner assaulted her and also used to tough her from behind. It further transpires that the mother of the victim-girl Basanti

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Tigga was also made an accused in this case but she has granted anticipatory bail by the learned trial court vide order dated 20.05.2022.

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Earlier the progress report was called for from the concerned trial court from which it appears that charge-sheet was submitted on 20.03.2022 against the petitioner along with Basanti Devi and the charge has also been framed on 08.06.2023. It further appears that out of eleven charge sheeted witnesses, none has been examined till date. The petitioner is in custody since 22.02.2023.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, 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 Judicial Commissioner-IV-cum-Special Judge-POCSO Ranchi in connection with Chutia P.S. Case No. 51 of 2022 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

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In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody for the purpose of trial.

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(Pradeep Kumar Srivastava, J.)

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Umesh/-

Sohaib Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sohaib Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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