Jharkhand High Court
Md. Ali vs The State Of Jharkhand .... .... ... on 17 October, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6530 of 2019
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1. Md. Ali
2. Md. Gulfarz Alam
3. Md. Sajjad
4. Abdul Barique .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Mahesh Tewari, Advocate
For the State : Mr. Rakesh Kr. Sinha, A.P.P
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Order No.03 Dated- 17.10.2019
Apprehending their arrest in connection with Sahibganj (M) P.S. Case No.54 of 2018 corresponding to G.R. No.292 of 2018 instituted under Sections 302/120B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned A.P.P appearing for the State.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have murdered the son of the informant namely Md. Tahir. It is also alleged that the daughter of the petitioner No.3 married the deceased and after five months of marriage, the deceased became impotent and thereafter the petitioner No.3 and others proposed to the deceased that if his impotency is not cured, then he should divorce the daughter of the petitioner No.3. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners have been implicated in this case only on the basis of suspicion. It is also submitted that though the F.I.R. was instituted on 24.04.2018, there is no whisper in the same about the deceased being last seen with the petitioners by any persons but the witness Md. Yasin whose statement was recorded on 01.01.2019 after much delay and the witness Malik Stup who is also the resident of the locality of the informant have stated about seeing the deceased going with the petitioner from the spot of a cultural program. It is lastly submitted that the petitioners are ready and willing to co- operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Sahibganj within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (M) P.S. Case No.54 of 2018 corresponding to G.R. No.292 of 2018 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh//