Md. Ashfaq Alias Kala Babu Alias Uvesh Ansari Vs the… — Anticipatory Bail | Jharkhand HC (2024)

Md. Ashfaq Alias Kala Babu Alias Uvesh Ansari Vs the… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of his arrest or surrender before the court below within three weeks, to be released on bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Jamshedpur, in connection with Golmuri P.S. Case No.135 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Md. Ashfaq @ Kala Babu, who is apprehending arrest in connection with Golmuri P.S. Case No.135 of 2023 registered under Sections 341/323/325/307/34 of the Indian Penal Code, 1860.

Court's answer

This Court decided to enlarge the petitioner on anticipatory bail, considering that the rest of the co-accused persons have already been granted anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner shall be released on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st Class, Jamshedpur, subject to the conditions under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail Application allowed — High Court of Jharkhand at Ranchi, A.B.A. No.3347 of 2024, Order No.06 dated 28.10.2024, single judge (Rajesh Shankar, J.). Petitioner Md. Ashfaq @ Kala Babu, apprehending arrest in connection with Golmuri P.S. Case No.135 of 2023 registered under Sections 341/323/325/307/34 of the Indian Penal Code, 1860, was enlarged on anticipatory bail because the rest of the co-accused persons (named in the order) had already been granted anticipatory bail by a Bench of this Court vide order dated 15th April, 2024 in A.B.A. No.1366 of 2024 on the basis of a compromise entered with the informant. Release is conditional on arrest or surrender before the court below within three weeks, furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamshedpur, subject to the conditions under Section 438(2) of the Cr.P.C. The learned A.P.P. opposed the prayer; the State's opposition was not found determinative given parity with the co-accused.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3347 of 2024

Md. Ashfaq @ Kala Babu, S/o Md Aslam, R/o 29, Police Line, P.O.-Sidgora, P.S.-Golmuri, District-Jamshedpur.

.......... Petitioner.

-Versus-

The State of Jharkhand .......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner : Mr. Saurav Kumar, Advocate For the State : Mr. Naveen Kr. Gaunjhu, A.P.P. ----- Order No.06 Date: 28.10.2024

The petitioner is apprehending his arrest in connection with Golmuri P.S. Case No.135 of 2023 registered under Sections 341/323/325/307/34 of the Indian Penal Code, 1860.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The allegation made in the written report is highly exaggerated. Even if the content of the written report is taken to be true, there is no specific allegation against any of the accused persons. The rest of the co-accused persons, namely, Md. Junaid @ Md. Junaid Raja, Sohel Khan, @ Sohel Hussain Khan, Mehboob @ Sameer Ali and Raja @ Md. Sahil have already been granted anticipatory bail by a Bench of this Court vide order dated 15^th April, 2024 passed in A.B.A. No.1366 of 2024 on the basis of compromise entered with the informant. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioner’s prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and considering that rest of the co-accused persons have already been granted anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Jamshedpur in connection with Golmuri P.S. Case No.135 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Shankar, J.)

Vikas

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A.B.A. No.3347 of 2024