Aftab Ansari vs The State Of Jharkhand
2022 Latest Caselaw 4202 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Criminal Miscellaneous Jurisdiction)

                               BA No. 6890 of 2022

Aftab Ansari                                                    ... ... Petitioner
                                     Versus
The State of Jharkhand                                 ... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA

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               For the Petitioner         : Mr. Nilesh Kumar, Advocate
               For the State              : Mr. Sunil Kumar Dubey, APP
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                          th
Order No.06/Dated: 14 October, 2022

When the matter is called out, both the learned counsels have appeared.

Petitioner is in custody in connection with Mandar P.S. Case No.67 of 2022.

Learned counsel for the petitioner submits that offence is dated 2nd April 2022 but the FIR was lodged on 6 th April, 2022 and, therefore, there is serious doubt regarding entire occurrence. The daughter of the informant was recovered from her friend's house. On 2.4.2022 the informant and other villagers came to the house of the petitioner and found the petitioner sleeping in his house thereafter they returned back. The petitioner was arrested from his house and has been falsely implicated in this case. He further submits that no act of sexual intercourse has been done by the petitioner. Learned counsel for the petitioner relied upon a judgment rendered by the Hon'ble Supreme Court in the case of "Vijayan v. State of Kerala" (2008)14 SCC 763 in paragraph Nos.4 and 5 and said that when there is delay in lodging of FIR and also there is no medical evidence, such type of allegation cannot be sustained.

Learned counsel for the State opposed the prayer for bail and submitted that the victim is a minor girl aged about 12 or 14 years and she has supported the case of the prosecution in her statement u/s 164 Cr.PC. He further submits that during investigation even other witnesses have also supported the case of the prosecution.

Having heard both the learned counsels and having gone through the records of the case, I am not inclined to release the petitioner on bail. Hence, his prayer for bail stands rejected.

KNR                                                   (Ratnaker Bhengra, J.)