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Awsaf Alam Alias MD Aousaf Alam v. the State of Jharkhand

Jharkhand HC23 Jun 2021A.B.A./3004/2021

Case brief

AI extract

What is this about?

This order grants anticipatory bail to eight petitioners in connection with a case involving attempted murder and offences under the IPC. The court imposed conditions including payment of victim compensation, cooperation with investigation, and non-interference.

What did the court decide?

The petitioners shall be released on bail upon arrest or surrender within six weeks if they deposit Rs. 50,000/- as ad interim victim compensation and furnish a bail bond of Rs. 25,000/- each with two

Awsaf Alam Alias MD Aousaf Alam Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3004 of 2021

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Awsaf Alam @ Md. Aousaf Alam

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Mansoor Ahmad

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Ijhar Ahmad

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Imran Ahmad @ Md. Eamran

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Chhotu Ahmad @ Gulam Hasan Raza

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Abdul Basar Khan

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Firdos Khatoon @ Firdosh Khatoon

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Yahiya Khan … Petitioners

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Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Anurag Kashyap, Advocate For the State : Mr. Ravi Prakash, Spl. P.P.

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Order No.03 Dated- 23.06.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Mohammadganj P.S. Case No.03 of 2021 registered under sections 147/148/149/341/323/325/307/452/504/506/509 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 member of unlawful assembly and in prosecution of common object of the assembly they attempted to murder Vindhayachali Devi, Kanti Devi, Samundri Kunwar, Suman Saw, Pappu Kumar, Kapil Saw and Lallu Saw. It is further submitted that the allegations against the petitioners are all false and there was free fight between the parties. It is next submitted that for the selfsame occurrence, from the side of the petitioners also, Mohammadganj P.S. Case No.04 of 2021 has been

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instituted. It is then submitted that the petitioners are ready and willing to jointly pay Rs. 50,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant or any of her family members 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

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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 jointly depositing a demand draft of Rs. 50,000/- as ad interim victim compensation in favour of informant and 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 S.D.J.M., Palamau at Daltonganj, in connection with Mohammadganj P.S. Case No.03 of 2021 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of her family members 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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In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Awsaf Alam Alias MD Aousaf Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Awsaf Alam Alias MD Aousaf Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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