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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Abid Hussain Ansari, S/o Firoz Akhtar Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Pradeep Kumar Srivastava, J.)
1. Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with Mango P.S. Case No. 366 of 2023, registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4, 6 & 8 of the POCSO Act, pending in the Court of learned Special Judge, POCSO Court, Jamshedpur.
3. As per F.I.R., allegation is that the petitioner has been establishing physical relationship with informant’s minor daughter for last three years. Whenever informant has asked the petitioner to either marry her daughter or break the relationship, petitioner used to establish physical relationship with her daughter and called her daughter outside the house anywhere to establish physical relationship. Family members of the petitioner have ruined the image of the informant in the society. When the informant has requested the petitioner to marry her daughter the petitioner has refused to do the same.
4. 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. It is further submitted that this is the second regul
The court denied bail due to the serious nature of allegations and the materials against the petitioner, emphasizing the need for a swift trial.
The court denied bail due to the serious nature of the charges and the need for a smooth trial process, emphasizing that no fresh grounds were presented for reconsideration.
The court grants bail considering the duration of custody and the victim's testimony being hostile, emphasizing the importance of trial cooperation.
Provisional bail granted contingent upon marriage within six weeks; failure to comply mandates surrender.
The court granted bail based on the absence of prior criminal records and the victim's voluntary relationship, emphasizing conditions to ensure trial integrity.
Consistency of the prosecutrix's statement and her age below 16 years are crucial factors in bail applications for offences under Section 376Da IPC and Section 5g/6 of the POCSO act, 2012.
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