In a bail application under Sections 302/120B/34 IPC and Arms Act sections, granted bail to the petitioner furnished with bonds and conditions, noting prior bail for a similarly situated accused.
Release on bail with bonds of Rs. 10,000 and two sureties of like amount, subject to submission of Aadhar copy and mobile number.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6878 of 2020
Alim Ansari
.... .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr.Nilesh Kumar, Adv. For the State : A.P.P.
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.
03/06.01.2021 The petitioner is accused in connection with Ratu P.S. Case No.14 of 2020 registered under Sections 302/120B/34 of the IPC and vide order dated 15.01.2020, Sections 25(1-B)/a/26/35 and 27 of the Arms Act has been added.
Learned counsel for the petitioner has submitted that on the basis of suspicion and previous enmity, this petitioner has been named in the F.I.R. Subsequently, in course of investigation, witnesses have stated the one Sonu Ansari has fired upon the deceased. It has been further submitted that there is no specific overt act has been alleged against this petitioner. It has been further submitted that the similarly situated person, namely, Azad Ansari has already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.10.2020 passed in B.A. No. 8209 of 2020. Petitioner is in judicial custody since 25.03.2020. He deserves to be enlarged on bail.
Learned A.P.P. has opposed the prayer for bail of the petitioner.
Considering the nature of allegation and the fact that the similarly situated person has already been granted bail, the petitioner, named above, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi in connection with Ratu P.S. Case No.14 of 2020 subject to the condition that petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether the petitioner should be granted bail considering the nature of allegations and that a similarly situated person has already been granted bail.
Whether the petitioner's lack of specific overt act allegations warrants bail release.
Colour shows how this judgement treated each authority
B.A. No. 8209 of 2020Relied on¶9
2 provisions across 2 enactments
Alim Ansari
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
