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MD Akbar Alias Akbar Alias Akbar Ali v. the State of Jharkhand

Jharkhand HC3 Feb 2022A.B.A./363/2022

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to two petitioners in connection with a case involving unlawful assembly and assault on police. Bail was subject to deposit of victim compensation, furnishing a bond, and cooperation with investigation.

What did the court decide?

Grant of anticipatory bail on deposit of Rs. 20,000 interim victim compensation and Rs. 25,000 bail bonds with two sureties, and compliance with conditions under Section 438(2) Cr.P.C.

MD Akbar Alias Akbar Alias Akbar Ali Vs the State of… — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 363 of 2022

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Md. Akbar @ Akbar @ Akbar Ali

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Md. Hassan @ Md. Idrish @ Md. Hasson

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Md. Nasim Akhtar, Advocate For the State : Mrs. Vandana Bharti, Addl. P.P.

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------

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Order No.02 Dated- 03.02.2022

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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 resumption of the Court in physical mode.

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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 Sahibganj (M) P.S. Case No.79 of 2021 registered under sections 147/148/149/337/341/323/353 of the Indian Penal Code and under Section 27 of Arms Act.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of unlawful assembly and being armed with deadly weapons pelted stones to each other and when the police party reached there, the petitioners and the co-accused persons also pelted stones upon the police party and also fired from fire arm to create panic and they also used criminal force and deterred the informant- Sub Inspector of Police and the police officers with him from discharging their duties. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners have no criminal antecedent as has been

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mentioned in paragraph no. 14 of the anticipatory bail application. It is then submitted that the petitioners undertake to jointly pay Rs. 20,000/- 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. 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 four months from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs. 20,000/- as ad interim victim compensation drawn in favour of informant without prejudice to their defence in this case 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 C.J.M., Sahibganj, in connection with Sahibganj (M) P.S. Case No.79 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 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 him, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

MD Akbar Alias Akbar Alias Akbar Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Akbar Alias Akbar Alias Akbar Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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