Md. Samir Ansari @ Md. Samir @ Md. ... vs State Of Jharkhand
2022 Latest Caselaw 4746 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Criminal Appeal (DB) No. 503 of 2022
Md. Samir Ansari @ Md. Samir @ Md. Sameer Ansari ... Appellant
                             Versus
State of Jharkhand                ...             Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH

For the Appellant : Mr. R.C.P. Sah, Advocate For the State : Mr. Suraj Verma, Spl.P.P.

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Order No. 05                                 Dated 28th November, 2022

      I.A. No. 5087 of 2022

Heard the learned counsel for the respective parties. This application has been preferred by the appellant for grant of bail to him during the pendency of this appeal.

The appellant has been convicted for the offences u/s 376 of the Indian Penal Code and Section 4 of the POCSO Act and has been sentenced to undergo rigorous imprisonment for ten years along with a fine of Rs. 10,000/- and 15,000/- respectively for each of the said sections.

It has been alleged that the appellant on the pretext of marriage had sexually exploited the informant, but subsequently the appellant had refused to solemnize marriage, leading to institution of the First Information Report.

Mr. Sah learned counsel for the appellant while drawing the attention of the Court to the evidence of P.W. 2 has submitted that P.W. 2 has clearly stated that the appellant had merely denied to solemnize marriage for the time being with a promise that the marriage will be solemnized later. It has further been submitted that admittedly even as per the evidence of P.W. 2, the appellant and P.W. 2 were friends and were having a relationship which had led to establishing of physical relationship between them. Learned counsel further submits that the appellant was all along on bail during trial and is in custody since the date of the Judgment.

Learned A.P.P. has opposed the prayer for bail of the appellant. On consideration of the evidence of P.W. 2 and the fact that the appellant was all along on bail during trial, we are inclined to admit the

appellant on bail. Accordingly, during pendency of this appeal, the appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court [Additional Sessions Judge-I-cum-Special Judge (POCSO Act), Seraikella-Kharsawan] in connection with POCSO Case No. 13 of 2017.

I.A. No. 5087 of 2022 stands allowed and disposed of.

                                           (RONGON MUKHOPADHYAY, J.)


MK                                                      (AMBUJ NATH, J.)