Jharkhand High Court
Mohammad Khalid @ Khalid Umar vs The State Of Jharkhand ... Opp. Party on 10 March, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 3604 of 2024
Mohammad Khalid @ Khalid Umar, aged about 37 years, son of
Mohammad Umar Bhai, resident of Gwala Toli Road, Hindpiri,
P.O.-G.P.O., P.S.-Hindpiri, District-Ranchi.
... Petitioner
Versus
The State of Jharkhand ... opp. party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Niranjan Kumar , Adv.
For the State : Mr. Shree Prakash Jha , Addl.. PP
07 / 10.03.2025Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lower Bazar P.S. Case No. 133 of 2022 registered under Sections 147, 148, 149, 353, 188, 427, 295A, 298, 332, 504, 323/120B of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and in prosecution of common object of the assembly, by deliberate and malicious act intended to outrage religious feelings of a class of citizens of India, by insulting their religion and religious beliefs and used criminal force against the public servant police personnel by deterring them from discharging their duties. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 14 of the anticipatory bail application. It is then submitted by learned counsel for the petitioner that the petitioner has submitted his reply to the notice under section 41 A of the Cr.P.C and the petitioner is a registered contractor with the Jharkhand Urban and Housing Development Department and he is having a shop pertaining to advertisement agency in the GEL Church Complex, Ranchi. It is further submitted by learned counsel for the petitioner that the petitioner is a graduate and he is a married man having two children and aged parents and there is no specific overt act attributed to the petitioner. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security. It is next submitted that the petitioner undertakes not to annoy or disturb any class of citizens of the country in any manner during pendency of the case and co- accused with similar allegations have already been admitted on regular bail by a co-ordinate Bench of this court vide order dated 03.05.2023 passed in BA no. 3231 of 2023, hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Lower Bazar P.S. Case No. 133 of 2022 subject to the condition that the petitioner will not annoy or disturb any class of citizens of the country in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C..
(ANIL KUMAR CHOUDHARY, J.) Smita/-