Rustam Ansari Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Rustam Ansari Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within four weeks and on arrest/surrender 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 learned J.M. 1st Class, Hazaribag, subject to Section 438(2), Code of Criminal Procedure conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Katkamdag P.S. Case No. 91 of 2023. +1 more

Court's answer

After perusing the FIR and other materials on record, and considering the totality of facts and circumstances, this Court found it a fit case for grant of anticipatory bail.

Ratio / Principle

The petitioner is directed to surrender in the learned court within four weeks, and on arrest or surrender he is to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Hazaribag, in connection with Katkamdag P.S. Case No. 91 of 2023, subject to the conditions laid down under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand, A.B.A. No. 3255 of 2024 (decided 14.10.2024, Arun Kumar Rai, J.). Petitioner Rustam Ansari apprehended arrest in Katkamdag P.S. Case No. 91 of 2023 (Sections 406, 420, 323, 354/34 IPC). His counsel submitted the matter was at best a civil dispute — the allegation being that the petitioner's father Ramjan Ali received money for a land transfer — and that other allegations against the petitioner were improbable. Opposite party no. 2 (Tara Devi) vehemently opposed, citing paragraphs of the complaint (basis of the FIR registered via the Magistrate's direction under Section 156(3) Cr.P.C.) to show the petitioner's active role. Perusing the FIR and record materials, the Court found the case fit for anticipatory bail: petitioner to surrender within four weeks, and on arrest or surrender 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 learned J.M. 1st Class, Hazaribag, subject to Section 438(2) CrPC conditions.

THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3255 of 2024

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Rustam Ansari aged about 40 years son of Ramjan Ali resident of Village Khapriyawan P.O. Banha (Nawada) P.S. Katkamsandi, District Hazaribag

… … … Petitioner

Versus

The State of Jharkhand

Tara Devi, wife of Late Prayag Prasad R/o village Gandhi Maidan Matwari …

P.O. and P.S. – Sadar, District - Hazaribag… … Opp. Parties

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

For the Petitioner	------- : Mr. Hemant Kr. Shikarwar, Advocate
For the State	: Ms. Bandana Sinha, A.P.P.
For the O.P. No. 2	: Mr. Kripa Shankar Nanda, Advocate ------

Order No. 08 / Dated 14^th October, 2024

Apprehending his arrest in connection with Katkamdag P.S. Case No. 91 of 2023, instituted under Sections 406, 420, 323, 354/34 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

Heard Mr. Hemant Kr. Shikarwar, learned counsel appearing on behalf of the petitioner, Ms. Bandana Sinha, learned A.P.P. for the State as well as Mr. Kripa Shankar Nanda, learned counsel appearing for the opposite party no. 2.

Learned counsel for the petitioner pointed out that it is the case where it is alleged that father (Ramjan Ali) of the petitioner received certain amount in lieu of transferring land and this petitioner is the son of Ramjan Ali. Further, submission has been made that at best it is a civil dispute between the parties and as far as other allegations levelled against this petitioner is concerned, it appears to be improbable one.

Learned counsel appearing on behalf of the opposite party no. 2 vehemently opposed the prayer for anticipatory bail and to corroborate that petitioner played an active role in the present case, pointed out certain paragraphs of the complaint, which is the basis of FIR, as it has been sent to police station by learned Magistrate for registration of FIR under Section 156(3) of Cr.P.C. It has also been pointed out that active role has been played by this petitioner.

This Court perused the content of FIR and gone through the other materials available on record.

Considering the totality of aforesaid facts and circumstances, this Court finds it is a fit case for grant of anticipatory bail and accordingly, the petitioner is directed to surrender in the learned court within four weeks from today and in the event of his arrest or surrender, 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. 1^st Class, Hazaribag in connection with Katkamdag P.S. Case No. 91 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Arun Kumar Rai, J.)

Umesh/-