Allowed

Aslam Ansari Alias Aslam v. the State of Jharkhand

Jharkhand HC5 Aug 2024B.A./4002/2024

Case brief

AI extract

What is this about?

Bail application under Sections 325, 341, 376, 506 and 379 IPC arising from a rape allegation lodged by the victim after a delay, with medical evidence not supporting the prosecution story and independent witnesses alleging a money dispute behind the accusation. Bail was allowed.

What did the court decide?

Applicant to be released on bail on furnishing bail bond of Rs.25,000 with two sureties of the like amount to the satisfaction of the court concerned.

Aslam Ansari Alias Aslam Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.4002 of 2024

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Aslam Ansari @ Aslam, aged about 34 years, son of Qayam Miyan, Resident of village Namudag, PO & PS Manika, District Latehar.

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..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mrs. Anuradha Sahay, APP

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07/05.08.2024 Heard learned counsel for the applicant and learned A.P.P. for

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the State.

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This bail application has been filed on behalf of the applicant– Aslam Ansari @ Aslam with prayer to release on bail in connection with Daltonganj Sadar P.S. Case No.121 of 2023 registered under Sections 325, 341, 376, 506 and 379 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Palamau at Daltonganj.

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The FIR of this case was lodged by the victim herself on her complaint by the order of Magistrate under section 156(3) of Cr.PC wherein the allegations are made that on 12.07.2023 in between 7 O'clock to 8 O'clock of evening Qayam Ansari the father of petitioner had called the informant for some urgent work near the Mahua tree. She reached there. Her husband does work at the taint house of the petitioner and the accused petitioner herein was having visiting terms to her house and also used to exchange talk with her. On that day and time, the accused met her near the Mahua tree and he on the pointing of pistol raped her and her gold earring, gold chain and nose pin were also snatched by the petitioner-accused and she came to her house and told in regard to the occurrence to her husband who rather expelled him and made her to go to her parental house. On reaching her parental house, the informant told in regard to the occurrence to them and this complaint was lodged.

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In the complaint itself the date of occurrence is shown

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12.07.2023 and this complaint was lodged by informant victim on 16.08.2023 on which by the order of the Magistrate, Daltonganj Sadar P.S. Case No. 121 of 2023 was registered on 09.11.2023.

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Victim in her statement under section 164 of Cr.PC substantially corroborated the prosecution story.

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Soon after the occurrence the victim told in regard to the same to her husband Dilshad Ansari who in his statement also corroborated the statement of victim in regard to committing rape upon her on the pointing of pistol. This witness did not corroborate the prosecution story in regard to snatching her gold earrings, gold chain and nose pin rather it is alleged that on account of scuffling same fell down at the spot. Further the witness Karo Bibi, Momin Ansari who are the mother and brother of the victim also corroborated the prosecution story. The medical evidence does not corroborate the prosecution story.

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The independent witness of the village Habib Alam, Anamul Hauque and Md. Kesar whose statement were also recorded by the investigating officer during investigation. They have stated that there was dispute between the husband of victim and the petitioner on payment of Rs.50,000/- and on account of the same this allegation in regard to committing rape was made against the present petitioner.

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In view of the above 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 concerned in aforesaid case.

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(Subhash Chand, J.)

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RKM

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Aslam Ansari Alias Aslam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Aslam Ansari Alias Aslam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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