Afroz Ansari vs The State Of Jharkhand
2024 Latest Caselaw 9284 Jhar

Jharkhand High Court

Afroz Ansari vs The State Of Jharkhand on 17 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (D.B.) No.781 of 2024
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           Afroz Ansari, aged about 22 year, son of Nasir Ansari @ Md. Nasir,
           resident of Jealgora No. 16, PO and PS Jorapokhar, District Dhanbad
                                                           ... Appellant(s).
                                    Versus
           The State of Jharkhand                          ... Respondent(s).
                                    ......

           CORAM       :      SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Pratiush Lala, Advocate For the State : Mr. Vineet Kumar Vashistha, APP .........

06 /17.09.2024: I.A. No.7075 of 2024 This interlocutory application has been filed by the appellant, praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted for the offence under section 376(2)(n) of IPC and under Section 6 of POCSO Act in connection with Special (POCSO) Case No. 03 of 2024. He has been sentenced to undergo rigorous imprisonment for 20 years with fine of Rs.10,000/- for the offence under Sections 6 of POCSO Act.

3. Heard, learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. The learned counsel for the appellant submits that the victim was aged about 17 years at the time of occurrence. He stated that this appellant was working in Dubai and he came during the Eid festival when he had taken this victim to his house. The victim in her evidence stated that thereafter physical relationship was developed on the assurance of marriage.

6. The learned counsel for the appellant further submits that the entire act was consensual and further the conduct of the victim is not above board as she had also filed a similar type of case making similar allegation against one Riyajuddin Ansari in Jorapokhar PS Case No. 249 of 2021. In that case the father of the victim and Riyajuddin Ansari compromised and thereafter again this case was filed against this appellant. From the evidence, we find that there is reference of Riyajuddin Ansari and the case filed against him by the victim has been admitted.

7. Considering the aforesaid facts, we are inclined to allow this Interlocutory application. Accordingly, upon suspending the sentence, the appellant, namely, Afroz Ansari is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Act, Dhanbad in connection with Special (POCSO) Case No. 03 of 2024 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad, once in every four months till the disposal of this appeal.

8. I.A. No.7075 of 2024 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj/-