Allowed

Siraj Alam Alias MD Siraj Alam v. the State of Jharkhand

Jharkhand HC18 Jan 2019A.B.A./5600/2018

Case brief

AI extract

What is this about?

This high court granted anticipatory bail to five petitioners in a criminal case. The court observed that the police had previously marked the matter as civil in nature. It dismissed the State's argument regarding criminal antecedents and ordered the release of petitioners upon surrender.

What did the court decide?

Directing release of all petitioners on bail in Giridih (Town) P.S. Case No. 272 of 2015 subject to conditions.

Siraj Alam Alias MD Siraj Alam Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5600 of 2018

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Siraj Alam @ Md. Siraj Alam, aged about 40 years, son of Abul Khan.

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Azad Khan @ Md. Azad Khan, aged about 56 years, son of Abul Khan.

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Md. Sohail @ Bablu Khan @ Md. Shohul Khan, aged about 37 years, son of Abul Khan.

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Md. Minhaz @ Minhaz Khan @ Tinku, aged about 37 years, son of Abul Khan.

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All resident of Darji Mohalla, P.O.- Giridih, P.S.- Giridih(Town),

District- Giridih

…...... Petitioners

Versus

The State of Jharkhand

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Mr. Aslam, son of Late Ikramul, resident of Darji Mohalla, P.O.- Giridih, P.S.- Giridih(Town),

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District- Giridih. ….. Opposite Parties.

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with

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A.B.A. No.6796 of 2018

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Taiyab Khan, aged about 54 years, S/o Late Abdul Raeesh Khan, R/o of Darji Mohalla, P.O.- Giridih, P.S.- Giridih(Town), District- Giridih. …...... Petitioner

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Versus

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The State of Jharkhand

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Md. Aslam, Son of late Ikramul,

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Resident of Darji Mohalla, P.O.- Giridih P.S. Giridih (Town),

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District- Giridih. ….. Opposite Parties.

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioners : Mr. Kamdeo Pandey, Advocate.

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For the State : Mr. Abhay Kumar Tiwari, Additional Public Prosecutor.

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For the Informant :Mr. Tarun Kumar No.1, Advocate

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(ABA. No.5600 of 2018).

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06/18.01.2019. Heard, learned counsel for the petitioners and learned counsel for the State.

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Both cases are arising out of common Complaint Case No.141 of 2017 and impugned order dated 23.07.2018 in ABP No.840 of 2018 passed by learned Principal Sessions Judge, Giridih, as such, both cases are being heard together.

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Learned counsel for the petitioners, Mr. Kamdeo Pandey has submitted that petitioners have prayed for grant of anticipatory bail in connection with Complaint Case No. 141 of 2017, which was filed as a protest petition after the investigation of Giridih (Town) P.S. Case No. 272 of 2015, in which police has

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found the case case of civil nature and submitted final form.

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Learned counsel for the petitioners has submitted that the informant has filed this case to blackmail the petitioners.

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Learned counsel for the State, Mr. Abhay Kumar Tiwari assisted by Mr. Tarun Kumar No.1 appearing for the informant has submitted that petitioners have a criminal antecedent though they have been acquitted by the Court below in the year, 2009 itself.

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Learned counsel for the informant has submitted, that case diary has been called for, by this Court in Giridih (Town) P.S. Case No.272 of 2015 to buttress his argument, that the petitioner has criminal antecedent.

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Considering the submission on behalf of the petitioners and on behalf of the State assisted by counsel for the informant, it appears that Giridih (Town) P.S. Case No.272 of 2015 has been filed by the present informant, who has filed a protest-cum-complaint petition.

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Under the aforesaid circumstances, this Court is of the opinion that once the police has filed final form mentioning the matter is of civil nature, there is a prima facie case in favour of the petitioners. The petitioners are entitled for anticipatory bail.

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Considering the same, all the petitioners above named above are directed to be released on bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Giridih, in connection with Giridih (Town) P.S. Case No. 272 of 2015, corresponding to T.R. No. 686 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Kailash Prasad Deo, J.)

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Jay/-

Siraj Alam Alias MD Siraj Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Siraj Alam Alias MD Siraj Alam v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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