Rashid Ansari vs The State Of Jharkhand
2023 Latest Caselaw 3523 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.6824 of 2023
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    Rashid Ansari                   .... .... .... Petitioner
                             Versus
    The State of Jharkhand          .... .... .... Opposite Party
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CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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     For the Petitioner         : Mr. Pankaj Kr. Choudhary, Advocate
     For the State              : Mr. Shashi Kr. Verma, Addl.P.P
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     Order No.02 Dated- 15/09/2023
           Heard the parties.

Apprehending his arrest in connection with Kairo P.S. Case No.46 of 2022 (S) instituted under Sections 376 of the Indian Penal Code and Section 06 of the POCSO Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the son of the petitioner namely Tafizul Ansari committed aggravated penetrative sexual assault upon the minor victim girl and the only allegation against the petitioner is that the petitioner was offering Rs.1,00,000/- to the informant to not to institute any case. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards the copy of the judgment of Special Judge, POCSO, Lohardaga in Special POCSO Case No.17 of 203, learned counsel for the petitioner submits that in that case the son of the petitioner namely Tafizul Ansari has been acquitted consequent upon the informant and all four witnesses examined by the prosecution; becoming hostile and not supporting the case of the prosecution. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five 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 Kairo P.S. Case No.46 of 2022 (S) with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/