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2025 DAILYLAW 26752 (JHR)

NOUSHAD ANSARI ALIAS MD NOUSHAD ALAM v. THE STATE OF JHARKHAND

B.A./9436/2024 · 2025-02-05

Ambuj Nath

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9436 of 2024 ------ Noushad Ansari @ Md. Noushad Alam, aged about 24 years, S/o. Md. Jamal Ansari @ Jamal Ansari, R/o. Vill.- Champadaha, P.O.- Kharagdiha, P.S.- Jamua, Dist.- Giridih, Jharkhand. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Md. Ayub Ansari, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P. ------ 04/05.02.2025 Heard the parties. 2. The petitioner has been made accused in connection with Jamua P.S. Case No. 305/2023 corresponding to Cyber Case No. 44/2023, for the offences registered under Sections 341, 323, 376(2)(n), 504 & 506 of the I.P.C. and Sections 66(E) & 67 of the I.T. Act, pending in the Court of learned Addl. Sessions Judge-II-cum-Spl. Judge (Cyber Crime), Giridih. 3. The bail application of the petitioner was earlier rejected by this Court in B.A. No. 8976/2023 vide order dated 12.12.2023. 4. The petitioner who is brother-in-law of the prosecutrix, is alleged to have sexually assaulted her after drugging her. 5. Learned counsel appearing on behalf of the petitioner has drawn the attention to this Court towards the Memo of Complaint Case No. 1464/2023 filed by the victim against her husband and in-laws under Sections 323, 341, 498A, 494, 377, 354B, 506, 504, 149 & 511 of the I.P.C., in which she has stated that she was residing in her father’s house since last six months from the date of filing the complaint case. Further, learned counsel pointed out that the complaint case has been filed on 17.05.2023 and the present F.I.R. has been instituted on 18.07.2023. Accordingly, it was submitted that when the victim was in her father’s house, there was no occasion for the petitioner to have raped her. It was further submitted that the entire case has been instituted just for falsely implicating the petitioner alongwith his family members. 6. Learned Special P.P. has opposed the prayer for bail of the petitioner. 7. In view of the submissions made above, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II-cum-Spl. Judge (Cyber Crime), Giridih in connection with Jamua P.S. Case No. 305/2023 corresponding to Cyber Case No. 44/2023. (Ambuj Nath, J.) Rahul/-