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Aehtab Ansari Alias Aftab Hussain v. the State of Jharkhand

Jharkhand HC18 Oct 2021A.B.A./7662/2021

Case brief

AI extract

What is this about?

The High Court at Ranchi granted anticipatory bail to the petitioner apprehending arrest in a police case involving attempts to murder and theft, directing his surrender and payment of interim victim compensation subject to conditions under Section 438 CrPC.

What did the court decide?

Anticipatory bail granted subject to surrender within six weeks, depositing Rs. 50,000 as interim victim compensation, furnishing bail bond with two sureties, and complying with conditions of Section

Aehtab Ansari Alias Aftab Hussain Vs the State of… — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7662 of 2021

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Aehtab Ansari @ Aftab Hussain … Petitioner 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 Petitioner : Mr. Naresh Pd. Thakur, Advocate For the State : Mr. A.P. Topno, Addl. P.P.

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Order No.02 Dated- 18.10.2021

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Heard the parties.

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Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.

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

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Apprehending his arrest in connection with Dhanwar (Gharthamba O.P.) P.S. Case No. 430 of 2020 instituted under Sections 147, 148, 323, 324, 427, 379, 504, 307 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was member of unlawful assembly being armed with deadly weapon and in prosecution of the common object of the assembly attempted to murder the victims namely Mehtab Ansari, Mufida Khatoon, Mumtaz Ansari and Ahmad Raza and committed theft of motorcycle. It is submitted that the allegation against the petitioner is false. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant and the victims or any of their family members in any manner during the pendency of the case. It is then submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.50,000/- without prejudice

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to his defence in this case to the informant. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 07.10.2021 in A.B.A. No.7580 of 2021. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.50,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Giridih in connection with Dhanwar (Gharthamba O.P.) P.S. Case No. 430 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant and the victims or any of their family members in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the same to him forthwith.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Aehtab Ansari Alias Aftab Hussain v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Aehtab Ansari Alias Aftab Hussain v. the State of Jharkhand

Case brief

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