Nafisa Bibi Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

Nafisa Bibi Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioners directed to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the Learned Additional Sessions Judge I cum Spl., Judge Lohardaga in connection with AHTU P.S. Case No. 2 of 2023 / Special POCSO No. 4/2024, subject to conditions of attendance on every date of trial, commission of no similar offence, and no tampering with prosecution evidence or influencing of prosecution witnesses.

Issue for consideration

Whether the petitioners (accused in AHTU P.S. Case No. 2 of 2023 / Special POCSO No. 4/2024, pending before the Additional Sessions Judge I cum Spl., Judge Lohardaga) may be enlarged/released on bail.

Court's answer

Considering the facts and circumstances of the case, the materials available on record and the custody period of the petitioners, the Court was inclined to release the above-named petitioners on bail.

Ratio / Principle

Bail was granted subject to conditions: the petitioners shall remain physically present on each and every date till conclusion of the trial (unless prevented for sufficient cause), shall not indulge in any similar offence till conclusion of the trial, and shall not tamper with prosecution evidence or influence prosecution witnesses.

Detailed headnote1 paragraphs

Bail granted — Criminal/bail application. By Order No.07 dated 06.08.2024 in B.A. No.3456 of 2024, the High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.) allowed the bail application of Nafisa Bibi and Shekh Azad, accused in AHTU P.S. Case No. 2 of 2023 / Special POCSO No. 4/2024 pending before the Additional Sessions Judge I cum Spl., Judge Lohardaga, where charge had been framed under Sections 363, 366A, 372/34, 373/34, 376 r/w 109, 120B/34, 370/34, 504/34, 506/34 IPC and Section 6/17 of the POCSO Act (FIR originally under Sections 363, 372, 373 IPC). Considering the facts and circumstances, the materials on record and the petitioners' custody period (judicial custody since 27.11.2023, no criminal antecedent; counsel further submitted that the victim, examined in trial, had stated nothing wrong was done to her by Shekh Azad), the Court released the petitioners on bail on a bond of Rs.25,000/- with two sureties of the like amount each, subject to conditions: presence on each and every trial date, no indulgence in similar offences, and no tampering with prosecution evidence or influencing of prosecution witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.3456 of 2024

Nafisa Bibi W/o Rahim Ansari, age 35 years, R/o village. Soranda, P.O. & P.S. Bhandra, Dist- Lohardaga.

Shekh Azad son of Shekh Nasir, age about 30 years, R/o village. Dewaki, P.O. & P.S. Ghaghra, Dist Gumla.

… Petitioners

Versus

The State of Jharkhand … Opposite Party

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioners : Mr. Altamas Khan, Adv. For the State : Mr. Sudhir Kumar Mahato, A.P.P.

Order No.07/Dated- 06.08.2024

Heard learned counsel for the parties.

The petitioners have been made accused in connection with AHTU P.S. Case No. 2 of 2023 Special POCSO No. 4/2024 registered for offences punishable under Sections 363, 372, 373 of the I.P.C. and charge has been framed under Sections 363, 366A, 372/34, 373/34, 376 r/w 109, 120B/34, 370/34, 504/34, 506/34 IPC and Section 6/17 of POCSO Act which is pending in the Court of Learned Additional Sessions Judge I cum Spl., Judge Lohardaga.

As per F.I.R., the daughter of the informant rushed out from house without informing anyone and did not return. Her daughter informed through on mobile no. 9546985280 that she is in Rajasthan and one lady sold her daughter for Rs.3,00,000/-.

Learned counsel for the petitioners has submitted that petitioners are innocent and has committed no offence as alleged in the statement of the victim. It is further stated that during the course of trial the victim has been examined and she has stated that nothing wrong was committed with her by the petitioner (Shekh Azad). Petitioners are in judicial custody since 27.11.2023 having no criminal antecedent. Petitioners undertake to co-operate with the trial of the case and to 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. Hence, the petitioners may be enlarged on bail.

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

Considering the facts and circumstances of this case, materials available on record and also in view of custody period of the petitioners, I am inclined to release the above-named petitioners, on bail. Accordingly, the petitioners named above, are 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 Spl., Judge Lohardaga in connection with AHTU P.S. Case No. 2 of 2023 Special POCSO No. 4/2024 subject to the conditions:

(1). Petitioners shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the Learned Trial Court.

(2). Petitioners shall not indulge in any or other similar offence till the conclusion of the trial.

(3). Petitioners shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

(Pradeep Kumar Srivastava, J.)

Amar/-