Allowed

Abbas Ansari v. the State of Jharkhand

Jharkhand HC12 Jul 2023A.B.A./370/2023

Case brief

AI extract

What is this about?

In this anticipatory bail petition, the High Court of Jharkhand granted privilege of anticipatory bail to the petitioners apprehending arrest in a property dispute case, subject to specific conditions for surrender, cooperation with investigation, and furnishing bail bond.

What did the court decide?

Anticipatory bail granted; surrender to Court below within four weeks; enlargement on bail of Rs. 25,000 each with two sureties; conditions to cooperate with investigation, appear when noticed, and fu

Abbas Ansari Vs the State of Jharkhand — Property and Title | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 370 of 2023

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Abbas Ansari

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Yusuf Ansari

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Salim Ansari

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Zahida Khatoon .... .... …. Petitioners Versus

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The State of Jharkhand

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Fatma Khatoon .... .... ....Opposite Parties

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioners : Mr. Shadab Eqbal, Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P For the O. P. No. 2 : Mr. Birendra Kumar, Advocate

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Order No. 07 Dated- 12.07.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Angara P.S. Case No. 83 of 2022 instituted under Sections 406/420/467/468/471/120B of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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As per the FIR, it is alleged that the informant’s land under Khata No. 109, Plot No. 320 area 26 decimals and Khata No. 273, Plot No. 361A, area 2.25 acres total Area 2.51 acre of village – Hesal P.S. Angara, Ranchi was recorded in the Revisional Survey Record of Right in the name of Sheikh Shubhans as Kaimy and informant is also one of the legal heirs and successor of the aforesaid landed property of Khatiani raiyat. It is further alleged that accused Salim Ansari prepared wrong genealogical table in which he has shown Sheikh Najju to be issueless and share of informant’s land has been sold and transferred to Zahida Khatoon, who is the wife of the Salim Ansari by virtue of registered deed of sale on 06.02.2028 and in the said sale deed Abbas Ansari and Yusuf Ansari endorse the same as witnesses having fully aware of the fact that the accused has done wrongful act.

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Learned counsel for the petitioners has submitted that the petitioner no. 3 is simply purchaser of the landed property which is allegedly transferred by Yasin Ansari and the petitioner no. 3 had purchased the landed property through registered sale deed on 08.06.2007 and in turn he sold the same property to the petitioner no. 4 on 06.02.2018 through registered sale deed. It is further submitted that the petitioner nos. 1 and 2 are the witnesses of the sale deed. It is further

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submitted that the vendor of the accused no. 3 Yasin Ansari, who had first sold the joint property of the complainant showing false genealogical table and he has not been arrayed as an accused in this case and the case is civil in nature and no suit has been filed for cancellation of sale deed. It is further submitted that the petitioners have no criminal antecedents. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail.

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Learned Addl.P.P as well as learned counsel appearing for the opposite party no. 2 have opposed the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender before the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C. – XXII, Ranchi in connection with Angara P.S. Case No. 83 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers 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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(Pradeep Kumar Srivastava, J.)

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Umesh/-

Abbas Ansari v. the State of Jharkhand

Case brief

What is this about?

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Abbas Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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