Allowed

Asul Hage Alias Allauddin v. the State of Jharkhand

Jharkhand HC13 Nov 2019A.B.A./4791/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners accused in a murder case, directing their surrender within four weeks and compliance with investigation conditions.

What did the court decide?

Anticipatory bail granted; directed to surrender within four weeks and comply with conditions including filing of police report and appearance before investigating officer.

Asul Hage Alias Allauddin Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4791 of 2019

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Asul Hage @ Allauddin @ Asul Haque

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Mahesh Tewari, Advocate For the State : Mr. Shekhar Sinha, A.P.P

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Order No.06 Dated- 13.11.2019

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Apprehending their arrest in connection with Sahibganj (M) P.S. Case No.54 of 2018 corresponding to G.R. No.292 of 2018 instituted under Sections 302/120B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Learned A.P.P appearing for the State files the counter affidavit. Let the same be kept in the record.

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Heard learned counsel appearing for the petitioners and learned A.P.P appearing for the State.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have murdered the son of the informant namely Md. Tahir. It is also alleged that the daughter of the petitioner No.3 married the deceased and after five months of marriage, the deceased became impotent and thereafter the co-accused Md. Sajjad and others proposed to the deceased that if his impotency has not been cured, then he should divorce the daughter of the co-accused Md. Sajjad. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners have been implicated in this case only on the basis of suspicion. It is also submitted that though the F.I.R. was instituted on 24.04.2018, there is no whisper in the same about the deceased being last seen with the petitioners by any persons but the witness Md. Yasin whose statement was recorded on 01.01.2019 after much delay and the witness Malik Kustur who is also the resident of the locality of the informant have stated about seeing the deceased going with the petitioner from the spot of a cultural program. It is then submitted that co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 17.10.2019 passed in A.B.A. No.6530 of 2019. It is lastly submitted that the petitioners are ready and willing to co-operate with the

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investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Sahibganj within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (M) P.S. Case No.54 of 2018 corresponding to G.R. No.292 of 2018 with the condition that they will co-

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operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.

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(Anil Kumar Choudhary, J . )

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Animesh/

Asul Hage Alias Allauddin v. the State of Jharkhand

Case brief

What is this about?

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Asul Hage Alias Allauddin v. the State of Jharkhand

Case brief

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What did the court decide?

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