Jharkhand High Court
Md. Alam @ Bhutka @ Gutka vs The State Of Jharkhand .... .... ... on 8 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.81 of 2023
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Md. Alam @ Bhutka @ Gutka .... .... .... Petitioner Versus The State of Jharkhand .... .... ....Opposite Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mrs. Shamma Parveen, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P
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Order No.04 Dated- 08.02.2023 Heard learned counsel for the parties.
Apprehending his arrest in connection with Giridih(M) P.S. Case No. 76 of 2018 corresponding to G.R. No. 619 of 2018 instituted under Sections 147, 148, 149, 341, 323, 337, 427, 295-A, 353, 504, 506, 509 and 354 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per FIR, allegation is that the informant received information about scuffle between different communities and the situation became tense. On aforesaid information, the informant along with police personnels reached at place of occurrence and tried to control the situation but present petitioner along with other 500 unknown persons started instigating the mob to raise slogans against another community and pelted stones against the police personnels causing injuries to them and also caused obstruction from discharging their duties.
Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of petitioner and he has falsely been implicated in this case only on the basis of suspicion. No specific overt act has been attributed against the petitioner and he has no criminal antecedent. Co-accused with similar allegation has already been extended privilege of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 16.09.2020 passed in A.B.A. No.3809 of 2020. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Giridih in connection with Giridih(M) P.S. Case No. 76 of 2018 corresponding to G.R. No. 619 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.
(Pradeep Kumar Srivastava, J.) Pappu/