The Court granted anticipatory bail to the applicant in a case involving assault (Sections 341, 323, 307, 379/34 IPC), relying on the submission of innocence and false implication.
Anticipatory bail granted on bond of Rs. 20,000 with two sureties under specified conditions of police availability and non-tampering with evidence.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4479 of 2022
Md. Shakima Bibi ..... … Petitioner Versus The State of Jharkhand. …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate For the State : Mr. Someshwar Roy, A.P.P.
05/ 19.07.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This anticipatory bail application has been filed on behalf of the above named applicant seeking anticipatory bail in connection with Godda (T) P.S. Case No. 113 of 2020, registered under Sections 341, 323, 307, 379/34 of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Godda.
Learned Counsel for the applicant has submitted that the F.I.R. of this case was lodged against five named accused by the victim himself with these allegations that on 25.05.2020 informant was going to his house by the motorcycle and all the named accused intercepted his motorcycle and assaulted with iron rod and stick whereby informant sustained injuries. His gold chain was also snatched away.
Learned Counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case along with other co-accused. Role assigned to all the named accused is general and omnibus. Informant sustained only one injury while it is alleged that all the assailants had assaulted with iron rod and the stick as well. Co-accused Md. Anju, Shaid Ansari @ Sajid Ansari, Rajiv Ansari and Samad Ansari have been granted anticipatory bail in A.B.A.No. 7356 of 2020 vide order dated 02.02.2021 by the Co-ordinate Bench of this Court . As per instructions received from the Pairvikar of the applicant, the applicant is having no criminal antecedent and he has been implicated in this case with intent to humiliate him.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the above no useful purpose would be served in keeping the present application pending or calling for counter-affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.
In the event of arrest, let applicant be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions :-
2
(Subhash Chand, J.)
P.K.S.
2 issues framed by the court
Whether the applicant, a first-time offender falsely implicated in an assault case, is entitled to anticipatory bail.
Whether the implicating parties have criminal antecedents against the applicant or fabricated the case to humiliate him.
Md. Shakima Bibi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
