Allowed

MD Ashirullah Ansari Alias Maulana v. the State of Jharkhand

Jharkhand HC8 Aug 2022B.A./4674/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed three bail applications filed by petitioners accused under Section 379 IPC of theft. The court directed their release on bail subject to furnishing a bond and sureties and compliance with appearing during trial.

What did the court decide?

Directed release of petitioners on bail on furnishing bond of Rs. 20,000/- each with two sureties of the like amount.

MD Ashirullah Ansari Alias Maulana Vs the State of… — Cheating and Forgery | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.4854 of 2022

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Md. Irfan @ Chhotey … Petitioner Versus The State of Jharkhand … Opposite Party with B.A. No.5173 of 2022 Saddam … Petitioner Versus The State of Jharkhand … Opposite Party with

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B.A. No.4674 of 2022 Md. Ashirullah Ansari @ Maulana … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Nilesh Kr. Gupta, Adv.(In B.A. No.4854 of 2022) Mr.Prabhat Kr. Sinha,Adv.(In B.A. No.5173 of 2022) Mr.Md. Shahabuddin,Adv.(In B.A. No.4674 of 2022) For the State : Mr. R.R. Ravi Das, A. P.P. (In B.A. No.4854 of 2022) Md. Hatim, A.P.P. (In B.A. No.5173 of 2022) Mrs. Kumari Rashmi, Adv.(In B.A. No.4674 of 2022)

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Order No.03 Dated- 08.08.2022

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Heard learned counsel for the petitioners and learned Addl. P.P.

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for the State.

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The petitioners have been made accused in connection with Katkamsandi P.S. Case No. 15 of 2022 registered under sections 379 of Indian Penal Code.

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Both the bail applications have been heard together as arising out of the same the F.I.R.

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As per F.I.R., the allegation is that on 02.02.2022, the motorcycle and auto-rickshaw of the informant and his friends respectively have been stolen by unknown miscreants. It is further alleged that during the investigation, the names of present petitioners have surfaced in this case for commission of theft of motorcycle and auto-rickshaw of the informant and his friend respectively.

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Learned counsel for the petitioners has submitted that the petitioners are innocent and has committed no offence at all rather they have been falsely implicated in this case on basis of confessional

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statement of co-accused person and on their confessional statement. Petitioners undertake to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them and further undertake that they will not leave their present address without permission of the trial court and will not indulge further in such type of activities. The petitioners are languishing in judicial custody for a considerable period of time without any rhymes and reasons. Hence the petitioners may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials collected against the petitioners showing their involvement in the alleged offence. Hence, the petitioners may not be enlarged on bail.

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Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record and period of custody of the petitioners, I am inclined to release the above named petitioners, on bail. Accordingly, the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.1^st Class, Hazaribag in connection with Katkamsandi P.S. Case No. 15 of 2022 with condition that petitioners shall appear physically on each and every date during the trial of case till its conclusion unless their physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them with further condition that they will not leave their present address without permission of the trial court.

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In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioners and take them into custody for the purpose of trial.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

MD Ashirullah Ansari Alias Maulana v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Ashirullah Ansari Alias Maulana v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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