Allowed

Touhid Sk Alias MD Tohid Saikh v. the State of Jharkhand

Jharkhand HC8 Feb 2022A.B.A./473/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application arising from an FIR under various IPC sections for attempted murder and assault, the High Court of Jharkhand granted relief to the petitioners upon their undertaking to pay interim compensation and appear before the investigating officer.

What did the court decide?

The petitioners shall be released on bail upon arrest or surrender within eight weeks, including depositing Rs. 50,000 as interim victim compensation, furnishing bail bonds with sureties, and complyin

Touhid Sk Alias MD Tohid Saikh Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 473 of 2022

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Touhid Sk. @ Md. Tohid Saikh ‘

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Toufiq Sk. @ Md. Taufique Raza

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Farmuddin Sk. @ Faramuddin Shekh

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Mohsen Sk. @ Masoom Sk. @ Masum Shekh

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… Petitioners

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Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Gautam Kr. Singh ,Adv. For the State : Mr. P.D. Agrawal, Spl. P.P.

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02 / 08.02.2022 Heard the parties through Video Conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects 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 given by 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 Rajmahal P.S. Case No. 201 of 2021 registered under Sections 147, 148, 323, 324, 326, 379, 307, 504, 506 of the Indian Penal Code.

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Learned counsel appearing for the petitioners submits that the allegations against the petitioners is that the petitioners being the members of an unlawful assembly, armed with deadly weapons, in prosecution of common object of the assembly, attempted to murder the informant and his sons and assaulted them and caused injury to them. It is also alleged that the petitioners committed theft of cash and jewelries. It is then submitted that the allegations against the petitioners are all false. It is further submitted by learned counsel for the petitioners that the

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petitioners and the informant are agnates. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and they also undertake to pay Rs. 50,000/- jointly as ad interim victim compensation to the informant without prejudice to their defence and they also undertake not to annoy or disturb the informant or his family members in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail.

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The learned Spl. PP opposes the prayer for anticipatory bail of the petitioners.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of eight weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 50,000/jointly by way of demand draft drawn in favour of informant as ad interim victim compensation without prejudice to their defence 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 SDJM, Rajmahal in connection with Rajmahal P.S. Case No. 201 of 2021 subject to the condition that the petitioners will not annoy or disturb the informant or his family members in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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In case of depositing aforesaid demand draft by the petitioners, learned court below is directed to issue notice to the informant and release the demand draft in his favour on proper identification forthwith.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Touhid Sk Alias MD Tohid Saikh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Touhid Sk Alias MD Tohid Saikh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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