The bench rejected anticipatory bail for petitioner no. 1 due to specific FIR allegations but granted it to petitioner no. 2, directing surrender within four weeks to secure regular bail under Section 438.
Anticipatory bail of petitioner no. 1 rejected; Petitioner no. 2 directed to surrender within four weeks to secure regular bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1986 of 2020
Versus
The State of Jharkhand. …..Opposite Party
-------Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY -------For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mr. Binit Kumar Bashisth, APP. --------
02/10-08-2020 Heard the parties.
Defects, as pointed out by the office, are ignored.
The petitioners apprehend their arrest in connection with Khaga P.S. Case No. 24 of 2019.
It has been alleged that the petitioner no. 1 had taken the informant and 11 others to Kargil, Kashmir for work. On demand made for wages, petitioner no. 1 had taken their Aadhar Cards for opening a bank account and after opening the accounts, the pass books and ATM Cards were taken by the petitioner no. 1. The same was not returned and suspicion was raised that the ATMs and Passbooks were used for committing cyber crime.
The FIR reveals specific allegation against the petitioner no. 1. However, so far as petitioner no. 2 is concerned, only suspicion has been raised about his involvement.
Regard being had to the above, I am not inclined to grant anticipatory bail to petitioner no. 1. The same is hereby rejected.
However, so far as the petitioner no. 2-Shamsher Ansari @ Md. Samser Ansari is concerned, he is directed to surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Madhupur in connection with Khaga P.S. Case No. 24 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands disposed of.
(Rongon Mukhopadhyay, J)
Rakesh/-
3 issues framed by the court
Whether anticipatory bail should be granted to petitioner no. 1 given specific allegations against him.
Whether anticipatory bail should be granted to petitioner no. 2 given only suspicion of involvement.
The conditions for surrender and regular bail for petitioner no. 2.
1 provisions across 1 enactments
Sarfuddin Ansari
Shamsher Ansari
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
