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MD Sahjad Ansari Alias Sahjad Ansari v. the State of Jharkhand

Anticipatory Bail – High Court of Jharkhand (Sanjay Kumar Dwivedi, J.)

Jharkhand HC15 Mar 2024A.B.A./283/2024

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Case brief

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What is this about?

Anticipatory bail granted; A.B.A.; High Court of Jharkhand, Ranchi; Sanjay Kumar Dwivedi, J.; Md. Sahjad Ansari; Chhipadohar P.S. Case No. 28 of 2023; Ss. 379/461 IPC (theft); confessional statement of co-accused Jiyaul Haque @ Babloo; recovery of washing machine; Section 438(2) CrPC conditions; S.D.J.M. Latehar; bail bond Rs. 25,000 with two sureties.

What did the court decide?

Anticipatory bail granted: petitioner to surrender within three weeks and on surrender/arrest be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Latehar, subject to Section 438(2) CrPC conditions and non-change of Aadhaar-indicated mobile number. ¶5

MD Sahjad Ansari Alias Sahjad Ansari Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Chhipadohar P.S. Case No. 28 of 2023 under sections 379/461 I.P.C. pending before the S.D.J.M., Latehar, is entitled to anticipatory bail notwithstanding that his name figures in the confessional statement of co-accused Jiyaul Haque @ Babloo.

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Court's answer

Anticipatory bail granted to the petitioner although his name appeared in the confessional statement of co-accused Jiyaul Haque @ Babloo, from whose possession the washing machine was recovered.

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Ratio / Principle

Petitioner directed to surrender before the learned court within three weeks; upon surrender/arrest he shall be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Latehar, in connection with Chhipadohar P.S. Case No. 28 of 2023, subject to conditions under Section 438(2) CrPC, and he shall not change the mobile number indicated in his Aadhar.

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Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand (Sanjay Kumar Dwivedi, J.) — A. B. A. No. 283 of 2024, decided 15.03.2024. Petitioner apprehending arrest in Chhipadohar P.S. Case No. 28 of 2023 under sections 379/461 I.P.C., pending before S.D.J.M., Latehar. His name had surfaced in the confessional statement of apprehended co-accused Jiyaul Haque @ Babloo, from whose possession the stolen washing machine was recovered. Court nonetheless granted anticipatory bail, directing surrender within three weeks and release on bail bonds of Rs. 25,000/- with two like sureties, subject to Section 438(2) CrPC conditions and retention of the Aadhaar-indicated mobile number.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 283 of 2024

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Md. Sahjad Ansari @ Sahjad Ansari

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...... … Petitioner

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Versus

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The State of Jharkhand

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.…. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Rakesh Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P.

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05/ 15.03.2024 : Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending his arrest in connection with Chhipadohar P.S. Case No. 28 of 2023, registered under sections 379/461 of the I.P.C., pending in the Court of learned S.D.J.M., Latehar.

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Learned counsel for the petitioner submits that petitioner is innocent and name of the petitioner has been taken by one of the apprehended co-accused-Jiyaul Haque @ Babloo and the washing machine was recovered from the said Jiyaul Haque @ Babloo.

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Learned counsel for the State opposes the prayer for anticipatory bail on the ground that name of the petitioner has come in the confessional statement of Jiyaul Haque @ Babloo.

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Considering that name of the petitioner has come in the confessional statement of co-accused Jiyaul Haque @ Babloo from whose possession washing machine was recovered, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Latehar, in connection with Chhipadohar P.S. Case No. 28 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi-

MD Sahjad Ansari Alias Sahjad Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Sahjad Ansari Alias Sahjad Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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