Allowed

Sarfaraz Ray Alias Raju v. the State of Jharkhand

Jharkhand HC18 Sept 2024A.B.A./5966/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner, who was apprehending arrest in a spl POCSO case involving kidnapping and sexual assault. The court directed surrender within three weeks on furnishing a bail bond and sureties.

What did the court decide?

Petitioner enlarged on anticipatory bail to surrender within three weeks on fem of Rs.20,000/- with two sureties.

Sarfaraz Ray Alias Raju Vs the State of… — Child Sexual Offences (POCSO) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5966 of 2024

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Sarfaraz Ray @ Raju, S/o Mojim Ray, R/o village-Sundaru, P.O. & P.S.-Kuru, District-Lohardaga.

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.......... Petitioner.

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-VersusThe State of Jharkhand .......... Opp. Party.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Altamash Khan, Advocate For the State : Ms. Bandana Sinha, A.P.P. ----- Order No.03 Date: 18.09.2024

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The petitioner is apprehending his arrest in connection with Kuru P.S. Case No.40 of 2024, corresponding to Spl. POCSO Case No. 18 of 2024 registered under Sections 366A/34, 376 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the main accused-Farhan Rai along with four other accused persons including the petitioner kidnapped the informant’s niece on 26.03.2024. It is further submitted that the petitioner has been implicated in this case merely on suspicion. Subsequent to lodging of the F.I.R., the statement of the victim was recorded under Section 164 of Cr.P.C. wherein she narrated about her relationship with the main accused-Farhan Rai and has given the complete details of the places she visited along with him after the alleged occurrence. She has not levelled any allegation against the petitioner in the said statement. Similarly situated co-accused-

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Taufique Ray has already been granted anticipatory bail by this Court vide order dated 9^th August, 2024 passed in A.B.A. No.5031 of 2024. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

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Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Lohardaga in connection with Kuru P.S. Case No. 40 of 2024 corresponding to Spl. POCSO Case No. 18 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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(Rajesh Shankar, J.)

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Arpit/

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-2-

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A.B.A. No.5966 of 2024

Sarfaraz Ray Alias Raju v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sarfaraz Ray Alias Raju v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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