Allowed

MD Irshad Ahmad v. the State of Jharkhand

Jharkhand HC13 Oct 2020A.B.A./4907/2020

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C., the High Court at Ranchi granted anticipatory bail to two petitioners facing murder and affray charges. The court observed falsehood in the allegations and ordered release if arrested within six weeks upon furnishing a bail bond and sureties.

What did the court decide?

Petitioners to be released on bail if arrested or surrender within six weeks by furnishing bond of Rs. 25,000 with two sureties of like amount.

MD Irshad Ahmad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4907 of 2020

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Md. Irshad Ahmad 2. Ejaj Kuraisi @ Kaju … Petitioners Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Indrajit Sinha, Advocate : Mr. Ankit Vishal, Advocate For the State : Mr. Sanat Kr. Jha, Addl. P.P. ------

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Order No.02 Dated- 13.10.2020

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Heard the parties through video conferencing.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lohardaga P.S. Case No.05 of 2020 registered under sections 147/148/149/341/323/307/504/506 of the Indian Penal Code.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the member of an unlawful assembly and in prosecution of common object of the assembly; they attempted to murder the informant and his two friends. It is further submitted that the allegation against the petitioners are all false. It is next submitted by the learned counsel for the petitioners, drawing attention of this Court to page nos. 16-21 of the brief which is the copy of the certified copy of F.I.R. of Kuru P.S. Case No. 06 of 2020, that the alleged victims of this case were abducting the informant of Kuru P.S. Case No. 06 of 2020 and when the informant lady of the said Kuru P.S. Case No. 06 of 2020 raised noise, the petitioners rescued her, hence this false case has been instituted against the petitioners. It is further submitted by the learned counsel for the petitioners drawing attention of this Court to the F.I.R. of the said Kuru P.S. Case No. 06 of 2020 that though in the formal F.I.R. itself of the said case, it has been mentioned that the

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information was received in the police station at 16:30 hours on 08.01.2020 and the information of this case was received in the police

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station at 22:41 hours on 08.01.2020 but for the reasons best known to the police, this case has been registered first before the said Kuru P.S. Case No. 06 of 2020. It is then submitted that this case has been instituted against the petitioners only to save the alleged victims of this case from Kuru P.S. Case No. 06 of 2020. It is next submitted that the petitioners undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant or the two other victims in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Lohardaga, in connection with Lohardaga P.S. Case No.05 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that they will not annoy or disturb the informant or the two other victims in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

MD Irshad Ahmad v. the State of Jharkhand

Case brief

What is this about?

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MD Irshad Ahmad v. the State of Jharkhand

Case brief

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