Jharkhand High Court
Md. Sarfraj Quraishi @ Md. Sarfaraz vs The State Of Jharkhand .... .... Opp. ... on 4 August, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.4582 of 2022
Md. Sarfraj Quraishi @ Md. Sarfaraz .... ..... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Miss Sonal Sodhani, Advocate For the State : Mrs. Ruby Pandey, A.P.P. 6/04.08.2022 Heard learned counsel for the applicant and learned APP for the State.
This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Ramgarh P.S. Case No.281 of 2021, registered under section 461/379 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Ramgarh.
Learned counsel for the applicant has submitted that the FIR of this case was lodged against unknown persons with these allegations that at 7:30 A.M. the security guard of company had informed to the informant that some copper plates worth Rs.30 lacs were missing from the premises which were essential part of the furnace to run the plant.
Learned counsel for the applicant has submitted that the name of the applicant transpired during investigation in the confessional statement of the co-accused. No incriminating article was recovered from his possession. The applicant is having no criminal antecedents and he has been falsely implicated in this case with object to humiliate him on being arrested by the police.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
In the event of arrest, the above named applicant involved in the aforesaid case be released on anticipatory bail, on his furnishing bail bond of Rs.15,000/-(Rupees fifteen Thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions :-
i. The applicant shall make himself available for interrogation by a police officer as and when required.
ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer or tamper with the evidence.
iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.
(Subhash Chand, J.) Tarun