Jharkhand High Court
Raju Ansari @ Gulam Baki Hussain vs The State Of Jharkhand ... ... Opposite ... on 18 April, 2020
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2152 of 2020
Raju Ansari @ Gulam Baki Hussain, age 35, S/o- Abid Hussain,
R/o- village-Gadokhar Pelawal, OP-Pelawal, PO+PS-Katkamdag,
District-Hazaribagh, Jharkhand ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
-----------------
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr. Shiv Kumar Sharma, APP
------------------
03/18.04.2020 This bail application has been heard via video-conferencing.
An email dated 16.04.2020 was sent by Mr. Rahul Pandey, the learned counsel for the petitioner seeking urgent hearing of this bail application and accordingly by the order of Hon'ble The Chief Justice, High Court of Jharkhand, B.A. No. 2152 of 2020 has been listed today before me.
At the outset, Mr. Rahul Pandey, the learned counsel for the petitioner on the Court's query states that he has instructions to make statement on behalf of the petitioner that in future the petitioner shall not challenge the process and procedure adopted for hearing of this bail application via video-conferencing.
The petitioner has been made an accused in Katkamsandi P.S. Case No. 157 of 2019 which was registered under section 302 r/w 34 of the Indian Penal Code and section 27 of the Arms Act.
According to the informant, namely, Sameer Quraishi, on 16.09.2019 the petitioner made a phone call from his mobile phone bearing no. 8210023054 and asked Shahid Quraishi who is his maternal uncle to come and meet Bhola, Ejaj and Timil who were waiting for him near Pabra road and when they reached there the accused Bhola Ansari fired upon Shahid Quraishi who has finally succumbed to the fire-arm injury.
Mr. Rahul Pandey, the learned counsel for the petitioner submits that in course of investigation the call detail records of the mobile phone of the petitioner and Shahid Quraishi were not retrieved by the investigating officer and it was primarily some other dispute on account of which the petitioner who is known to the informant has been falsely implicated by him in this case.
Mr. Shiv Kumar Sharma, the learned APP, however, submits that there is one more eye-witness, namely, Shakib besides Sameer Quraishi who is the informant who has seen the occurrence and, in fact, call detail records were obtained by the investigating officer in course of the investigation.
Faced with the aforesaid objection, Mr. Rahul Pandey, the learned counsel for the petitioner submits that though he has instructions to say that no call detail record was obtained by the investigating officer inspite of repeated request of the petitioner, at this stage, he seeks leave of the Court to withdraw this bail application.
The prayer seeking withdrawal of B.A. No. 2152 of 2020 is granted.
Accordingly, this bail application is dismissed as withdrawn, at this stage.
Let a scanned copy/photocopy of this order be transmitted to the Court concerned through FAX.
Let a copy of the order be uploaded on the official web-site of the High Court of Jharkhand, by 11:00 a.m on 20.04.2020.
(Shree Chandrashekhar, J.) Tanuj/-