2025:JHHC:22142 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No.111 of 2025 Mustafa Ansari, aged about 32 years, Son of Rojauddin Ansari, Resident of village-Murki, Torar, P.S-Senha, P.O-Senha, District Lohardaga, Jharkhand. …… Appellant Versus 1.State of Jharkhand 2.Victim X …… Respondents --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. B.M Tripathi, Sr. Advocate : Mr. Naveen Kr. Jaiswal, Advocate For the State : None For the Informant : Mr. Prabhat Kumar, Advocate ----------- 06/Dated: 06th August, 2025 This Criminal Appeal has been filed on behalf of the appellant challenging the order dated 18.12.2024 passed by Sri Akhilesh Kumar Tiwari, learned Additional Sessions Judge-I- cum-Special Judge SC/ST Act, Lohardaga in Misc. Criminal Application No.488 of 2024 (SC/ST Case No.10 of 2024) arising out of Lohardaga Mahila P.S Case No.19 of 2024, instituted under sections 329, 74, 75(i), 76, 64 and 62 of BNS by which the prayer for bail of the appellant has been rejected. 2. Heard Mr. B.M Tripathi, learned Senior Counsel for the appellant assisted by Mr. Naveen Jaiswal, learned counsel and learned counsel for the Informant. 3. As per F.I.R, it is alleged that the appellant entered into her house while her elder sister was alone and was sleeping. On finding her alone he started pressing her breast and tried to open her clothes and he wanted to sleep with her. However, her sister pushed her and thereafter he fled away. 4. Learned counsel for the appellant submitted that the appellant is innocent and has committed no offence. It is 2025:JHHC:22142 2 submitted that the appellant is working as Home Guard and he is in custody since 24.07.2024 and he will not fled away. It is submitted that the conduct of the Victim lady is suspicious and as per medical report she is pregnant of two months. It is submitted that the Victim girl is deaf and dumb but it has also come in the report that she understands which is surprising. It is submitted that the appellant will co-operate during trial and he will not abscond away and hence he may be enlarged on bail. 5. None appears for the State. 6. Learned counsel for the Informant has opposed the prayer for bail. 7. From perusal of the F.I.R., it appears that there is direct allegation against the appellant for trying to commit rape upon her and had tried to open her clothes but he could not succeed. 8. It also appears that the Victim girl during her statement recorded under section 183 of the BNSS has supported the allegation that the appellant was trying to commit rape upon her. 9. Though the medical report reveals that the lady was pregnant of about two months. However, this Court finds that the same is not required to be seen for the present in this case, as there is direct allegation against the appellant for attempting to commit rape upon the Victim girl who is deaf and dumb. 10. Accordingly, the prayer for bail of the appellant is rejected. 11. Thus, Cr. Appeal (SJ) No.111 of 2025 is, hereby, dismissed. (Sanjay Prasad, J.) Saket/-