The petitioner accused of cheating and theft was not named in the FIR but implicated via a co-accused's confession who was already on bail. The court allowed his bail application, releasing him on a bond with two sureties.
Petitioner Maqbul Ansari directed to be released on bail on furnishing bond of Rs. 10,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 796 of 2018
Maqbul Ansari.....…................ Petitioner
Versus
State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Gaurav Priyadarshi, Advocate For the State : A.P.P.
5/12.03.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail of the petitioner.
The petitioner is an accused for allegedly committing offence punishable under Sections 457, 380 of the Indian Penal Code.
The petitioner is not named in the FIR. His name transpired on the confessional statement of the co-accused Mustak Ansari, who has already been enlarged on bail by a Coordinate Bench of this Court in B.A. No. 2797 of 2017. Further, the incriminating article has been recovered from the possession of the said co-accused Mustak Ansari.
Taking into consideration the aforesaid fact, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Maqbul Ansari is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. Kumar, J.M., Ranchi in connection with Itki P.S. Case No. 1 of 2017 [G.R. No. 87/2017].
( Ananda Sen, J )
Mukund/-cp. 3
3 issues framed by the court
Whether the petitioner, who is not named in the FIR but implicated through a confessional statement and recovered article of a co-accused on bail, is eligible for bail.
Whether the bail order directed against petitioner is sustainable when he had not been named in the first instance.
Whether the conditions of bail bond and sureties are appropriate in the facts of the case.
1 provisions across 1 enactments
Maqbul Ansari
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
