MD Aasik Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5987 of 2024

Md Aasik @ Md Ashik aged about 21 years, son of Md Kalim, resident of Vill-Jataha, P.O. & P.S.-Dhanwar, District-Giridih ... … Petitioner

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Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Pran Pranay, Advocate For the State : Mr. Gautam Rakesh, A.P.P. --------

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Order No. 02 / Dated 02^nd August, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Tisri P.S. Case No. 95 of 2022 dated 19.10.2022, registered under Sections 363 and 366A of I.P.C., corresponding to POCSO Case No. 01 of 2023 and subsequently charge has been framed for the offence under Section 366 of IPC and under Section 12 of POCSO Act, pending in the Court of Learned Addl. Sessions Judge-VIII-Cum-Special Judge, POCSO Act, Giridih.

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It is submitted on behalf of the petitioner that the gist of the allegations as narrated in the F.I.R. is that the petitioner has taken away daughter of the informant (aged 9 years) and he had purchased some cloths for his daughter by alluring and enticing her. It is submitted that there is no offence of sexual harassment within the meaning of Section 12 of POCSO Act has been substantiated which is evident from the deposition of the entire witnesses including the victim and the parents of the victim who have been examined during the course of the trial in the POCSO Case No. 01 of 2023 pending before the Court of Learned Addl. Sessions Judge-VIII-CumSpecial Judge, POCSO Act, Giridih. It has been pointed out that only fact which has come against this petitioner is that he has taken the victim to a shop for purchasing the cloths and also he had given some eatable namely “Samosa” and hence there is no offence of sexual harassment or kidnapping within the meaning of either under Section 366 of the I.P.C. or Section 12 of the POCSO Act has been substantiated and this petitioner is in jail since

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20.10.2022 and therefore he deserves to be enlarged on bail.

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On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that it is a case of Section 12 of the POCSO Act and Section 366 of the I.P.C. and there is a direct allegation against this petitioner for giving some eatable “Samosa” and also for purchasing the cloths for her by enticing and alluring the victim and therefore it is a grave offence inter alia under the POCSO Act and therefore he does not deserve to be enlarged on bail.

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Having heard the parties, perused the records of this case.

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In view of the forceful submission advanced on behalf of the petitioner, this petitioner is directed to be enlarged 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 the Court of Learned Addl. Sessions Judge-VIII-Cum-Special Judge, POCSO Act, Giridih , in connection with Tisri P.S. Case No. 95 of 2022 , subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned trial Court to face the trial and he will remain present on each and every date of the criminal trial, failing which, his bail shall automatically be cancelled.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No. 5987 of 2024

MD Aasik v. the State of Jharkhand

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MD Aasik v. the State of Jharkhand

Case brief

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