Khanna Mukhi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Khanna Mukhi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted: petitioner to surrender within four weeks; on arrest or surrendering, 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 J.M., Ist class, Dhanbad, in connection with Nirsa P.S. Case No. 103 of 2019 (Sections 385 and 387 IPC), subject to cooperation with investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card copy with an undertaking not to change the number during the pendency, and the conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Nirsa P.S. Case No. 103 of 2019, registered under Sections 385 and 387 of the Indian Penal Code. +1 more

Court's answer

The petitioner is directed to surrender in the Court within four weeks, failing/in addition to which enlargement on arrest or surrendering follows as directed below.

Ratio / Principle

On consideration of the record and case diary, no authentic source of information shows that the mobile phone used in the alleged occurrence belongs to the petitioner, and the petitioner has no criminal background; the Court was therefore inclined to extend the privilege of anticipatory bail.

Key takeaways

In the event of his arrest or surrendering, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned J.M., Ist class, Dhanbad, in connection with Nirsa P.S. Case No. 103 of 2019.ratio¶17
Bail is conditioned on cooperation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and a photocopy of the Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, and is further subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail (A.B.A. No. 302 of 2024, High Court of Jharkhand at Ranchi, order dated 07.05.2024, Pradeep Kumar Srivastava, J.) granted to Khanna Mukhi apprehending arrest in Nirsa P.S. Case No. 103 of 2019, registered under Sections 385 and 387 of the Indian Penal Code (alleged extortion demand by telephonic call). Counsel for the petitioner contended the mobile number named in the F.I.R. was not issued in his favour and that he had no criminal antecedent; the A.P.P. opposed, asserting a website inquiry linked the number to the petitioner. Finding no authentic source of information showing that the mobile phone used in the alleged occurrence belonged to the petitioner, and noting the absence of criminal background, the Court extended anticipatory bail: surrender within four weeks; on arrest or surrendering, enlargement on a bail bond of Rs. 25,000/- with two sureties of the like amount each before the learned J.M., Ist class, Dhanbad; conditions of cooperation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card copy with an undertaking not to change the number during the pendency, and subjection to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.302 of 2024

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Khanna Mukhi

.... .... …. Petitioner

Versus

The State of Jharkhand .... ....

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Gaurav Kumar, Advocate For the State : Mr. Sardhu Mahto, A.P.P

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Order No.04/Dated- 07.05.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Nirsa P.S. Case No. 103 of 2019 registered under Sections 385 and 387 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case on the basis of some fake telephonic call received by the informant for demanding extortion money. It is submitted that the mobile number as mentioned in the F.I.R. does not belong to the petitioner and never issued in his favour. Petitioner has no criminal antecedent. The petitioner undertakes to cooperate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned A.P.P. has opposed the anticipatory bail of the petitioner and submitted that the mobile number used for the demand of extortion money and threatening to the extent the informant belongs to the petitioner as per website inquiry. Hence, petitioner does not deserved the privilege of anticipatory bail.

Considering the facts and circumstances from the perusal of the record and from case diary it appears that there is no authentic source of information showing that the mobile phone used in the allegation occurrence belongs to the petitioner and petitioner has no criminal background, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or

surrendering, 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 J.M, Ist class, Dhanbad, in connection with Nirsa P.S. Case No. 103 of 2019 registered under Sections 385 and 387 of the Indian Penal Code with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Amar/Simran