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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners (Majhar Ansari, Samir Siddiquee, Nadim Khan): in the event of arrest/surrender within three weeks, release on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Garhwa in connection with Meral P.S. Case No. 62/2023, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest for the offence punishable under Section 395 of the Indian Penal Code in connection with Meral P.S. Case No. 62/2023, should be enlarged on anticipatory bail, given that their names surfaced only on the basis of the alleged confessional statement of a co-accused who has since been acquitted.

Court's answer

Considering the facts and circumstances of the case — including that the petitioners' names surfaced during investigation on the basis of the alleged confessional statement of co-accused Shahbaz Khan, who has been acquitted in S.T. No. 275/2023 — the court was inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of the petitioners' arrest/surrender within three weeks, they are to be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Garhwa in connection with Meral P.S. Case No. 62/2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail – S.395 IPC – Meral P.S. Case No. 62/2023 (P.S. Meral, District Garhwa) – Petitioners apprehending arrest; names surfaced during investigation only on the basis of alleged confessional statement of co-accused Shahbaz Khan, who has been acquitted by Additional Sessions Judge-I, Garhwa in S.T. No. 275/2023 (order dt. 16.09.2023); petitioners undertook to co-operate in investigation – Held, enlargement on anticipatory bail warranted – Arrest/surrender within three weeks; bail bond Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Garhwa – Subject to conditions under S.438(2) Cr.P.C. (A.B.A. No. 2561 of 2024, decided 10.07.2024, Rajesh Shankar, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2561 of 2024

Majhar Ansari

Samir Siddiquee 3. Nadim Khan ... … Petitioners Versus

The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioners : Mr. Sabyasanchi, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P. -----

04/10.07.2024 Heard the learned counsel for the parties.

2. The petitioners are apprehending their arrest for the offence punishable under Section 395 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged. Initially, the F.I.R was lodged against 8 unknown miscreants. The names of the petitioners, however, surfaced during investigation of the case on the basis of alleged confessional statement of co-accused Shahbaz Khan. Except the confessional statement of the said co-accused, the police has not collected any cogent evidence so as to connect the petitioners in the alleged offence. So far as co-accused Shahbaz Khan is concerned, he has been acquitted by the court of Additional Sessions Judge-I, Garhwa vide order dated 16.09.2023 passed in S.T. No. 275/2023. The petitioners undertake to co-operate in the investigation. Hence, they may be given the privilege of anticipatory bail.

4. Learned A.P.P. opposes the petitioners’ prayer for anticipatory bail.

5. Considering the aforesaid facts and circumstances of

the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners above named, in the event of their arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Garhwa in connection with Meral P.S. Case No. 62/2023, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Manish