Allowed

Ajrun Khatoon Alias Ajrun Bibi v. the State of Jharkhand

Jharkhand HC23 Aug 2023Cr.A(SJ)/368/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal and set aside the rejected bail order. The court noted allegations were general and omnibus, and one co-accused had already been granted bail. Directed release on bail with bond and sureties.

What did the court decide?

Impugned order set aside and appellants directed to be released on bail upon furnishing bond of Rs.20,000/- with two sureties.

Ajrun Khatoon Alias Ajrun Bibi Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.368 of 2023

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Ajrun Khatoon @ Ajrun Bibi

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Jashima Khatoon ..... … Appellants Versus The State of Jharkhand and another …. …. Respondents

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Appellant : Mr. Rajesh Kumar, Advocate For the State : Mr. Vishwanath Roy, Spl. PP

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05/23.08.2023 This Cr. Appeal has been preferred on behalf of the appellant nos. 1 and 2 against the order dated 29.05.2023 passed by the Additional Sessions Judge-I-cum-Spl. Judge, SC/ST (POA) Act, Lohardaga, arising out of Kisko P.S. Case No. 06 of 2022 registered under Sections 498(A)/34 of the Indian Penal Code, under Section 4 of D.P. Act and under Section 3(i) (xi) (xii) of SC/ST (POA) Act whereby the bail application of the appellants has been rejected.

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The learned Counsel for the appellant has submitted that the allegations made against all the named accused including the appellants are general and omnibus. The co-accused Pinkey Khatoon has already been granted bail by this Bench in Cr. Appeal (S.J.) No.264 of 2023 vide order dated 14.08.2023 and the case of appellant no.2 is identical to that of Pinkey Khatoon. While the appellant no.1 is the mother-in-law and no specific role has been assigned to her.

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The learned A.P.P. opposed the contentions made by the learned Counsel for the appellants and contended that though the allegations made against all the accused are general and omnibus yet all the accused persons including the appellants had been subjecting the complainant for the demand of dowry and also used the caste related words to the complainant.

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As per FIR allegations, the complainant Monika Nagesia gave the complaint against the four accused including the appellants with these allegations that the complainant was married with Wasim Ansari on 21.06.2021 according to muslim rites and rituals. After marriage, all the accused persons had tortured her for not bringing the dowry and additional demand of Rs.1 lac in cash and motorcycle was also made. On 07.11.2021 all the accused persons using caste related words hurling abuse, humiliated her and also assaulted her.

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2 Cr. App. (SJ) No.368 of 2023

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From the perusal of the FIR, it is found that the allegations made against all the accused persons are general and omnibus. The witnesses who were interrogated under section 161 of Cr.PC also assigned the general and omnibus role to all the accused persons. The co-accused Pinkey Khatoon has already been granted bail in Cr. Appeal (S.J.) No.264 of 2023 vide order dated 14.08.2023 by this Bench.

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In view of the submissions made and material on record, the impugned order passed by the court-below needs interference.

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Accordingly, this Cr. Appeal is hereby allowed. The impugned order passed by the court-below is set aside.

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In consequence thereof, the appellants are directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-I-Cum-Spl. Judge SC/ST (POA) Act, Lohardaga in Kisko P.S. Case No. 06 of 2022(s).

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RKM

Ajrun Khatoon Alias Ajrun Bibi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ajrun Khatoon Alias Ajrun Bibi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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