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2025 DAILYLAW 17530 (JHR)

NIZAM ANSARI ALLIAS MD NIZAM ANSARI v. THE STATE OF JHARKHAND

B.A./5829/2025 · 2025-07-14

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:19095] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5829 of 2025 Nizam Ansari @ Md. Nezam Ansari , aged about 25 years, Son of Md. Ibrahim Ansari, Resident of Village-Harkhudih, P.O.- Chhotkikharagdiha, P.S.-Bengabad, District-Giridih (Jharkhand). … Petitioner Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Sumit Prakash , Adv. For the State : Mr. Rakesh Ranjan , Addl. PP. 02 / 14.07.2025 Heard the parties. The petitioner has been made accused in connection with Bengabad P. S. case no. 37 of 2025 ( POCSO Case no. 54 of 2025 )instituted under Section 96 / 3 (5) of BNS, 2023 and Section 8/ 12 of POCSO Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner procured the minor victim girl of 11 years of age and committed sexual assault and sexual harassment with the victim girl. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been in jail custody since 11.03.2025, as mentioned in para 10 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that in view of the serious allegation against the petitioner of procuring minor victim girl and committing sexual assault upon her; there is every chance of the petitioner absconding, if released on bail and also there is chance of the petitioner tampering with the evidence. It is therefore submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner and the chance of his tampering with the evidence and absconding, if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Smita/-