Jharkhand High Court
Awadh Tiwary vs The State Of Jharkhand ... ... Opposite ... on 31 January, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 32 of 2019
Awadh Tiwary ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Ms. Manimala, Advocate
For the State : Addl. P.P.
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Order No. 04: Dated 31st January, 2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with G(F) Case No. 285 of 2016 for the offence registered under Section 33 of Indian Forest Act.
Heard the parties.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he was constructing a hotel over the forest land. It is further submitted by the counsel for the petitioner that the land belongs to the petitioner but the petitioner undertakes that he will not go to the place of occurrence unless any order has been passed in his favour by a competent court of law. It is further submitted that the petitioner is ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail The learned Addl. P.P. opposes the prayer for anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 5,000/- as cash security and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with G(F) Case No. 285 of 2016 subject to the condition laid down under section 438 (2) Cr. with further conditions that the petitioner will not go to the place of occurrence unless any order has been passed in their favour by a competent court of law.
(Anil Kumar Choudhary, J.) MM IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 237 of 2019
1. Md. Akbar Alam @ Akbar Kuraishi @ Bablu
2. Azhar Alam @ Chhotu Kuraishi ... ... Petitioners Versus The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Addl. P.P.
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Order No. 02: Dated: 31st January, 2019
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chouparan P.S. Case No. 280 of 2018 for the offence registered under Sections 414, 429, 34 of the Indian Penal Code, section 12(1), 12(3) of Jharkhand Bovine animal (Protection of Slaughter) Act, 2005.
Heard the parties.
Learned counsel for the petitioners submits that the allegations against the petitioners are that the petitioners are involved in illegal business of selling of flesh of bovine animals. It is further submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph 11 of the application. The petitioners have been implicated in this case only on the basis of confessional statement of co-accused and the allegation against the petitioners is false. Petitioners were not present at the place of occurrence. It is further submitted that the petitioners are ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail The learned Addl. P.P. opposes the prayer for anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioners, named above, be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 25,000/- each as cash security and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribag in connection with Chouparan P.S. Case No. 280 of 2018 subject to the condition laid down under section 438 (2) Cr. P.C. with further conditions that:
I. the petitioners will co-operate with the investigation of the case, II. the petitioners will appear before the Investigating Officer as and when noticed.
III. the petitioners will furnish his mobile phone numbers and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that they will not change their mobile phone numbers during the pendency of this case.
If Investigating Officer requires mobile phone numbers of the petitioners, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioners to the Investigating Officer.
(Anil Kumar Choudhary, J.)
MM
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 258 of 2019
Mukesh Shaw @ Mukesh Saw ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Addl. P.P.
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Order No. 03: Dated: 31st January, 2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No. 321 of 2018 for the offence registered under Sections 341/ 323/ 354B/ 379/ 504/ 506 of the Indian Penal Code.
Heard the parties.
Learned counsel for the petitioner submits that the allegations against the petitioner are that the petitioner entered into the house of the informant and outraged her modesty. Drawing the attention of this Court at page 17 of the brief, which is Annexure-3, counsel for the petitioner submits that for the self-same occurrence, the petitioner has instituted a compliant case being Complaint Petition Case No. 3340 of 2018 in the court of Judicial Magistrate, Dhanbad and drawing the attention to page 13 of the brief, which is Annexure-2 series, the counsel for the petitioner submits that the petitioner has made a complaint to the Grievance Cell of the Hon'ble Prime Minister of India against the husband of the informant and in retaliation of that this the informant has foisted false case against the petitioner. It is next submitted that the petitioner undertakes that he will not enter into the house of the informant and will not annoy or disturb the informant in any manner during the pendency of this case. It is further submitted that the petitioner is ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security of Rs. 5,000/- without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail The learned Addl. P.P. opposes the prayer for anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 5,000/- as cash security and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad in connection with Nirsa P.S. Case No. 321 of 2018 subject to the condition laid down under section 438 (2) Cr. P.C. with condition that the petitioner he will not enter into the house of the informant and will not annoy or disturb the informant in any manner during the pendency of this case: with further conditions that:
I. the petitioner will co-operate with the investigation of the case, II. the petitioner will appear before the Investigating Officer as and when noticed.
III. the petitioner will furnish his mobile phone numbers and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that he will not change his mobile phone numbers during the pendency of this case.
If Investigating Officer requires mobile phone numbers of the petitioner, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioner to the Investigating Officer.
(Anil Kumar Choudhary, J.) MM IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 269 of 2019
1. Gour Singh
2. Kushal Tudu @ Kaushal Tudu ... ... Petitioners Versus The State of Jharkhand ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. J.N. Upadhyay, Advocate
For the State : Addl. P.P.
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Order No. 02: Dated: 31st January, 2019
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bodam P.S. Case No. 55 of 2018 (G.R.Case No. 2393 of 2018) for the offence registered under Sections 270/272/34 of the Indian Penal Code and section 47(a) of the Excise Act.
Heard the parties.
Learned counsel for the petitioners submits that the allegations against the petitioners are that from the scooty bearing no. JH-05BH-5036 of the petitioner 60 litres of country made liquor was seized by the police. It is further submitted that the petitioners have been made accused only on the basis of confessional statement of co-accused. It is next submitted that there is no criminal antecedent of the petitioners as has been mentioned in paragraph 20 of the anticipatory bail application. It is next submitted that the allegations against the petitioners are false. It is further submitted that the petitioners are ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail The learned Addl. P.P. opposes the prayer for anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioners, named above, be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing Rs. 5,000/- each as cash security and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur in connection with Bodam P.S. Case No. 55 of 2018 (G.R.Case No. 2393 of 2018) subject to the condition laid down under section 438 (2) Cr. P.C. with further conditions that:
I. the petitioners will co-operate with the investigation of the case, II. the petitioners will appear before the Investigating Officer as and when noticed.
III. the petitioners will furnish his mobile phone numbers and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that they will not change their mobile phone numbers during the pendency of this case.
If Investigating Officer requires mobile phone numbers of the petitioners, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioners to the Investigating Officer.
(Anil Kumar Choudhary, J.) MM