The High Court at Ranchi granted bail to the petitioner, an accused in a dowry death/cruelty case, directing him to furnish a bond of Rs. 25,000 with two sureties and agree to cooperate with the trial.
Petitioner directed to be enlarged on bail on furnishing a bail bond of Rs.25,000 with two sureties of the like amount each.
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.227 of 2021
Md. Danish @ Md. Danish Ansari … Petitioner
Versus The State of Jharkhand … Opposite Party
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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Md. Zaid Ahmed, Adv. For the State : Mr. S. K. Dubey, Addl. P.P.
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02 /03.02.2021 Heard the parties through video conferencing.
The petitioner has been made accused in connection with Rajpur P.S. Case No.93 of 2020 registered under Sections 341, 342, 323, 313, 307, 498-A, 504, 506, 120 (B) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has treated his wife with cruelty in connection with demand of dowry. It is submitted that the allegation against the petitioner is false and general and omnibus in nature. It is next submitted that because of marital discord between the parties, this false case has been foisted against the petitioner. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 20.09.2020 which is evident from para-15 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. at Chatra in connection with Rajpur P.S. Case No.93 of 2020 with the condition that he will co-operate with the trial of the case.
(Anil Kumar Choudhary, J.)
Animesh/
2 issues framed by the court
Whether the petitioner is entitled to be released on bail given the allegations of marital discord and false charges.
The adequacy of the petitioner's undertaking to cooperate with the trial in granting bail.
2 provisions across 2 enactments
Md. Danish @ Md. Danish Ansari
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
