Allowed

Danish Mohammad Joheb Siddiqui Alias Danish Mohmmad Joyeb Siddiqui v. the State of Jharkhand

Jharkhand HC4 Oct 2023A.B.A./70/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a maintenance cheques abuse case involving abetment to suicide, imposing monetary conditions and an undertaking regarding deceased's bank funds.

What did the court decide?

Anticipatory bail granted on surrender within six weeks on deposit of Rs. 50,000 and furnishing bail bond with two sureties.

Danish Mohammad Joheb Siddiqui Alias Danish Mohmmad… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 70 of 2023

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Danish Mohammad Joheb Siddiqui @ Danish Mohmmad Joyeb Siddiqui … Petitioner

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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 Petitioner : Mr. Gautam Kumar , Adv. For the State : Mr. Sudhir Kuamr Mahto ,Addl. PP For the informant : Mr. P.Lala, Adv.

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10 / 04.10.2023 Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jogta P.S. Case No. 42 of 2022 registered under Sections 306, 34 of the Indian Penal Code.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has abetted the suicide of the daughter of the informant. It is then submitted that the allegations against the petitioner are all false and there is no overt act attributed to the petitioner, which led the deceased to commit suicide. It is further submitted by learned counsel for the petitioner that the petitioner has filed a supplementary affidavit undertaking therein that, he is ready and willing to pay Rs. 50,000/- to the informant and he will not make any claim over the amount of Rs. 5,00,000/- standing in the name of the deceased, in any bank. It is next submitted that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this

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order, the petitioner shall be released on bail on depositing Rs. 50,000/- by way of demand draft drawn in favour of informant without prejudice to his defence and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Dhanbad in connection with Jogta P.S. Case No. 42 of 2022 subject to the condition that the petitioner will not claim over the amount of Rs. 5,00,000/- standing in the account of the deceased, in any bank 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 petitioner, 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/-

Danish Mohammad Joheb Siddiqui Alias Danish Mohmmad Joyeb Siddiqui v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Danish Mohammad Joheb Siddiqui Alias Danish Mohmmad Joyeb Siddiqui v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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