Zahid Ansari Alias Zahid vs. The State Of Jharkhand

Heard the learned counsel appearing for the appellant and the learned counsel appearing for the State on the point of bail and perused the lower court records.

Learned counsel for the appellant has submitted that although the First Information Report was instituted against three named accused persons for committing an offence u/s 376 I.P.C. but so far as the present appellant is concerned, the victim, who was examined as P.W. 2, clearly stated that it was the other two accused persons i.e. Jishan and Wahid who committed rape upon her. He further submitted that the appellant is in custody since 3.5.2011 and thus he has completed half of the sentence of 7 years.

Learned counsel for the State has opposed the prayer and submitted that both in the First Information Report as well as in the evidence of P.W. 2 there is a specific assertion that the present appellant was also involved in commission of the offence.

Considering the fact that P.W.2 has herself stated in her cross examination that Jishan and Wahid had committed rape upon her and also considering the fact that the appellant has completed half of the sentence of seven years, he is directed to be released on bail during pendency of this appeal, on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court [Additional Sessions Judge-I, Lohardaga] in connection with S. T. Case No. 83 of 2011.