Jharkhand High Court
Abdul Halim Ansari @ Md. Halim Ansari vs The State Of Jharkhand .... .... .... ... on 28 October, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3699 of 2020
------
Abdul Halim Ansari @ Md. Halim Ansari .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Md. Zaid Ahmed, Advocate
For the State : Mr. Md. Hatim, Addl.P.P
For the Informant : Mr. Pratiush Lala, Advocate
------
Order No.05 Dated- 28.10.2021
Heard the parties.
Apprehending their arrest in connection with Jharia (Boragarh) P.S. Case No.240 of 2015 corresponding to G.R. No.2687 of 2015 instituted under Sections 147, 148, 149, 342, 323, 324, 307, 427, 171 (F), 295 (A), 298 & 379 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Explosive Substance Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioner submits that though the prayer for anticipatory bail of the petitioner was rejected by this Court vide order dated 20.07.2017 passed in A.B.A. No.4028 of 2017 but the fresh ground is that the parties have compromised the case. It is next submitted the allegation against the petitioner is that the petitioner along with the co-accused namely Md. Afjal Ansari assaulted on the head of the victim- Gaya Pratap Singh by some dangerous weapon causing injury on his forehead, nose and face with an intention to kill him. It is submitted that the allegation against the petitioner is false. It is next submitted that in the meanwhile the said Gaya Pratap Singh has expired on 03.11.2018 and in this respect, learned counsel for the petitioner draws the attention of this Court towards Annexure-4. Learned counsel for the petitioner and learned counsel for the informant jointly draw the attention of this Court towards Annexure-2 page-41-42 of the brief which is the copy of the certified copy of the joint compromise petition filed by the parties in the court of Sessions Judge, Dhanbad, both the counsels submit that it has been mentioned therein that all the disputes and differences have been settled amicably between both the parties outside the court peacefully and good and cordial relationship has been established between them and the informant does not want to proceed with the case. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the case and to pay ad interim victim compensation of Rs.10,000/- without prejudice to his defence in this case in favour of the informant. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned A.C.J.M., Dhanbad within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.10,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dhanbad in connection with Jharia (Boragarh) P.S. Case No.240 of 2015 corresponding to G.R. No.2687 of 2015 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.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant of this case and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Animesh/