Partly allowed

Shekh Ahmed Alias Shekh Ahamad v. the State of Jharkhand

Jharkhand HC7 Mar 2024A.B.A./2/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by eleven petitioners apprehending arrest in Nirsa P.S. Case No. 247 of 2023 under various IPC sections. Petition for petitioner no.9 dismissed as not pressed after arrest; prayer rejected for petitioner no.1 due to specific assault allegation; anticipatory bail granted to the remaining nine on surrender conditions.

What did the court decide?

Anticipatory bail granted to petitioner nos. 2 to 8, 10 and 11 on surrender within three weeks, bonds Rs. 25,000 each with two like sureties; rejected for no.1; dismissed as not pressed for no.9.

Shekh Ahmed Alias Shekh Ahamad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 2 of 2024

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Shekh Ahmed @ Shekh Ahamad

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Shekh Najirul

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Shekh Hajirul

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Shekh Ikabul

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Shekh Takbir @ SK Takbir

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Shekh Alimuddin

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Shekh Babir @ Shekh Babar

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Shekh Hasirul

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Shekh Arbaz @ Sk Arbaj 10. Shekh Shahbaz @ SK Sahabaj 11. Shekh Hakkari @ SK Hakkari ...... … Petitioners Versus The State of Jharkhand .…. … Opposite Party

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The State of Jharkhand

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Mahesh Tewari, Advocate For the State :Mr. Gautam Rakesh, A.P.P.

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04/ 07.03.2024 : Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners are apprehending their arrest in connection with Nirsa P.S. Case No. 247 of 2023, registered under Sections 147, 148, 149, 323, 324, 307, 354B, 379, 504, 506 of I.P.C., pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

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Learned counsel for the petitioner submits that the petitioner no. 9-Shekh Arbaz @ SK Arbaj has been arrested during pendency of this petition. He submits that he is not pressing the petition on behalf of petitioner no.9.

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In view of above, anticipatory bail petition on behalf of petitioner no.9-Shekh Arbaz @ SK Arbaj is dismissed as not pressed. 5. Learned counsel for the petitioners submits that the petitioners are innocent and there are case and counter case between the parties. He submits that bald allegations are there against the petitioners. 6. Learned counsels for the State opposes the prayer for anticipatory bail on the ground that there are serious allegations against the petitioners.

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Considering that there is allegation against the petitioner no. 1 of assault upon the brother of the informant, I am not inclined to grant anticipatory bail to the petitioner no.1- namely, -Shekh Ahmed @ Shekh Ahamad. Accordingly, his prayer for anticipatory bail is rejected.

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So far prayer for anticipatory bail on behalf of petitioner nos. 2

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to 8 and 10, 11 are concerned, there are general and omnibus allegations against them, I am inclined to grant anticipatory bail to the petitioner nos. 2 to 8 and 10, 11. Accordingly, the petitioner nos. 2 to 8 and 10, 11 namely, Shekh Najirul, Shekh Hajirul, Shekh Ikabul, Shekh Takbir @ SK Takbir, Shekh Alimuddin, Shekh Babir @ Shekh Babar, Shekh Hasirul, Shekh Shahbaz @ K Sahabaj and Shekh Hakkari @ SK Hakkari are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioner nos. 2 to 8 and 10, 11 shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand)each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Dhanbad, in connection with Nirsa P.S. Case No. 247 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner nos. 2 to 8 and 10, 11 will not change his mobile number which is indicated in his Aadhar.

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satyarthi-

Shekh Ahmed Alias Shekh Ahamad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shekh Ahmed Alias Shekh Ahamad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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