MD Imtiyaz Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

MD Imtiyaz Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail extended: petitioner to surrender within three weeks and, on arrest or surrender, to be enlarged on bail on a bond of Rs. 25,000/- with two like sureties, subject to Section 438(2) CrPC conditions; application allowed and disposed of.

Issue for consideration

Whether anticipatory bail should be extended to the petitioner, who is not named in the FIR, has no criminal antecedent, and claims to have purchased the mobile alleged to have been snatched, in connection with Chandrapura G.R.P.S. Case No. 08 of 2023 (Section 379 IPC).

Court's answer

On consideration that the petitioner is not named in the FIR, has no criminal antecedent, and has purchased the mobile, the privilege of anticipatory bail was extended to the petitioner.

Ratio / Principle

The petitioner was directed to surrender before the learned Court within three weeks, and in the event of his arrest or surrender, to be enlarged on bail on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate (Railway), Dhanbad, in connection with Chandrapura G.R.P.S. Case No. 08 of 2023, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

¶5 (continued)

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — A.B.A. No. 192 of 2024, High Court of Jharkhand at Ranchi (Sanjay Kumar Dwivedi, J.). Petitioner Md. Imtiyaz Ansari, apprehending arrest in Chandrapura G.R.P.S. Case No. 08 of 2023 (alleged offence under Section 379 IPC) pending before the learned Judicial Magistrate (Railway), Dhanbad, concerning snatching of the informant's mobile in a running train, was held entitled to anticipatory bail on the grounds that he is not named in the FIR, has no criminal antecedent, and has purchased the said mobile. Directions: surrender within three weeks; upon arrest or surrender, enlargement on bail on a bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions. Application allowed and disposed of (order dated 05.03.2024).

1 A.B.A. No. 192 of 2024

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 192 of 2024

Md. Imtiyaz Ansari … Petitioner

-Versus-

The State of Jharkhand … Opposite Party -----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the Opposite Party-State : Ms. Nehala Sharmin, Spl.P.P. For the Union of India : Mr. Ravi Prakash, C.G.C. -----

04/05.03.2024 Heard Mrs. Jasvindar Mazumdar, learned counsel for the petitioner, Ms. Nehala Sharmin, learned counsel for the State and Mr. Ravi Prakash, learned counsel for the Union of India.

The petitioner is apprehending his arrest in connection with Chandrapura G.R.P.S. Case No.08 of 2023, registered for the alleged offence under Section 379 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate (Railway), Dhanbad.

Learned counsel for the petitioner submits that the allegations are made that in running train, the mobile of the informant was snatched by someone. She submits that the petitioner is not named in the FIR. The petitioner has purchased the said mobile. She further submits that the petitioner has got no criminal antecedent, which has been disclosed in paragraph 15 of this application.

Learned counsel for the State and Union of India opposed the prayer on the ground that the allegations are there of snatching the mobile of the informant.

Considering that the petitioner is not named in the FIR and he has got no criminal antecedent and he has purchased the mobile, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the

2

A.B.A. No. 192 of 2024

above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate (Railway), Dhanbad in connection with Chandrapura G.R.P.S. Case No. 08 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, this application stands allowed and disposed of.

(Sanjay Kumar Dwivedi, J.)

Ajay/