MD Taukir Ansari Alias Raju Alias MD Tauquir Ansari Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

MD Taukir Ansari Alias Raju Alias MD Tauquir Ansari Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on executing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, in connection with Bankmore PS Case No.277 of 2023, subject to the three conditions imposed by the Court.

Issue for consideration

Whether the petitioner, in custody since 03.12.2023 in connection with Bankmore PS Case No.277 of 2023 (an Arms Act matter), should be released on bail.

Court's answer

Petitioner directed to be released on bail on executing a bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, in connection with Bankmore PS Case No.277 of 2023.

Ratio / Principle

Bail granted subject to conditions: attendance on every date of trial unless dispensed with by the court below; submission of self-attested photocopy of Aadhar Card and an always-active mobile number not to be changed during pendency without prior permission; and reporting to the concerned police station on every last Saturday of the month between 01:00 and 05:00 p.m. for one year, failing which the bail-bond shall be liable to be cancelled, exemptions only by direction of the court below.

Detailed headnote1 paragraphs

Bail granted — Arms Act case (Bankmore PS Case No.277 of 2023), Dhanbad — petitioner in custody since 03.12.2023; only a mobile phone and Rs. 25,000 recovered, submitted by counsel to be his own property; co-accused Md. Imtiaz Alam and Md. Faiyaz Akhtar already granted bail — High Court of Jharkhand (Ratnaker Bhengra, J.) released the petitioner on bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, subject to conditions: attendance on every date of trial unless dispensed with; submission of self-attested photocopy of Aadhar Card and an always-active mobile number not to be changed during pendency without prior permission; and reporting to the concerned police station on every last Saturday of the month between 01:00 and 05:00 p.m. for one year, failing which the bail-bond shall be liable to be cancelled.

IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) BA No. 229 of 2024

Md. Taukir Ansari @ Raju @ Md. Tauquir Ansari .... … Petitioner Versus The State of Jharkhand … … Opposite Party

------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

For the Petitioner : Mr. R.S. Mazumdar, Sr.Advocate For the State : Mr. Satish Prasad, A.P.P.

Order No.03/Dated: 21st March, 2024

When the matter was called out, the learned counsels for the parties have appeared.

The learned senior counsel for the petitioner submits that this matter relates to Arms Act. He has further submitted that from the possession of the petitioner only mobile phone and Rs. 25,000 has been recovered which is his own property. He has further submitted that two of the co-accused persons, namely, Md. Imtiaz Alam and Md. Faiyaz Akhtar have been granted bail vide orders dated 20.3.2024 and 19.3.2024 passed in BA nos. 1209 of 2024 and 1146 of 2024 respectively. Petitioner is in custody since 03.12.2023, therefore, he may be released on bail.

The learned counsel for the State has opposed the prayer for bail and submits that petitioner belongs to Prince Khan gang.

Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad, in connection with Bankmore PS Case No.277 of 2023, subject to the conditions that (i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioner shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court and (iii) the petitioners shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding their non- appearance at the police station, their bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

KNR (Ratnaker Bhengra, J.)