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2025 DAILYLAW 13685 (JHR)

FAIZAN ALAM v. THE STATE OF JHARKHAND

B.A./5401/2025 · 2025-07-03

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:17819] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5401 of 2025 ------ Faizan Alam, Aged about 22 years, Son of Tarique Anwar, Resident of Village – Sattar Colony, Lane No.-07, Bariatu, PO+PS- Bariatu, Dist- Ranchi .... .... …. Petitioner Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Avishek Prasad, Advocate Mr. Rajendra Pd. Gupta, Advocate For the State : Ms. Anuradha Sahay, Addl.P.P ------ Order No.02 Dated- 03-07-2025 Heard the parties. The petitioner has been made accused in connection Bariatu P.S. Case No.53 of 2025 registered for the offences punishable under Sections 126 (2), 115 (2), 75, 351 (2) of the B.N.S., 2023 and Section 08/12 of POCSO Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner outraged the modesty of the victim girl and wrongfully caused hurt to her and criminally intimidated her. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-18 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that upon submission of the charge-sheet, the victim was found to be 18 years 11 months 10 days old at the time of occurrence; so the offence punishable under POCSO Act has not been made out against the petitioner. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case and that he will not annoy or disturb the informant and other witnesses of the case during the trial of the case. It is lastly submitted that the petitioner has been in custody since 22.02.2025 as is evident from para-17 of the instant bail application. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.J.C.-IV, Ranchi in connection with Bariatu P.S. Case No.53 of 2025 with the condition that he will co-operate with the trial of the case, furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and will not annoy or disturb the informant and other witnesses of the case during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/