Jharkhand High Court
Md. Serajuddin vs The State Of Jharkhand ......Opposite ... on 10 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7213 of 2023
Md. Serajuddin ...... 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 : Mr. Dhirendra Kumar Deo, Advocate For the State : Mr. Suraj Deo Munda, A.P.P. .....
Order No.04/ Dated:10.11.2023
1. Heard learned counsel for the parties.
2. Apprehending his arrest in connection with Bishungarh P.S. Case No. 16 of 2023 instituted under Sections 147, 148, 149, 323, 341, 307, 325 and 295 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
3. As per FIR, allegation is that on 27.01.2023 at around 5:30, while the procession of idols of goddess Sarswati was moving around in the village Ambatand for immersion, in the meantime, 56 named persons along with 25- 30 unknown persons including present petitioners forming an unlawful assembly started pelting stones on the procession and assaulted the informant and other devotees by means of lathi, danda due to which they sustained injuries.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that no specific overt act has been attributed against the petitioner and the injuries sustained by the injured persons are found to be simple in nature. It is further submitted that other co-accused persons, namely, Jubaida Khatoon @ Jubeda Khatoon, Saira Khatoon @ Sara Khatoon, Safun Khatoon @ Saikul Khatoon, Sarina Khatoon @ Sariba Khatoon, Shahnaz Khatoon, Hanif Mian have been granted anticipatory bail by this Court in A.B.A. No.5237 of 2023 vide order dated 02.08.2023. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
5. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below 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/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hazaribagh in connection with Bishungarh P.S. Case No. 16 of 2023 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.) R.K/