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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, in the event of arrest or surrender before the court below within three weeks, subject to conditions under Section 438(2) Cr.P.C., to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Latehar in C.F. Case No. 27 of 2024.

Issue for consideration

Whether the petitioner, apprehending arrest for offences punishable under Sections 33/41/42/26/52 of the Indian Forest Act, 1927 and Sections 50/29/31 of the Wild Life (Protection) Act, 1972, is entitled to anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Latehar in C.F. Case No. 27 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner apprehended arrest for offences punishable under Sections 33/41/42/26/52 of the Indian Forest Act, 1927 and Sections 50/29/31 of the Wild Life (Protection) Act, 1972 in C.F. Case No. 27 of 2024 (SDJM, Latehar), wherein recovery of wooden planks of different species was alleged from a room of a tiled-roof house behind the petitioner's house and from the land behind the house of co-accused Bhola Munda; counsel contended there was no recovery from the conscious possession of the petitioner and that he had no criminal antecedent. Holding: having heard learned counsel for the parties and considering the materials available on record, the Court enlarged the petitioner on anticipatory bail — upon arrest or surrender within three weeks, to be released on a bail bond of Rs.20,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 4110 of 2024

Md. Yusuf Ansari @ Yusuf Ansari son of Suleman Ansari, resident of Village Durup, P.O. & P.S.- Netarhat, District- Latehar

… … Petitioner

Versus

The State of Jharkhand …. … Opposite Party

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mrs. Renu Bala, Advocate For the State : Mr. Manoj Kumar Mishra, A.P.P.

Order No. 06 Dated: 11.11.2024

The petitioner apprehending his arrest for the offences punishable under Sections 33/41/42/26/52 of the Indian Forest Act, 1927 and Sections 50/29/31 of the Wild Life (Protection) Act, 1972, has prayed for grant of anticipatory bail.

2. 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 offence report. There is alleged recovery of wooden planks of different species from a room of tiled-roof house situated behind the house of the petitioner as well as from the land behind the house of coaccused Bhola Munda. It is further submitted that in fact there is no such recovery from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph-5 of the present anticipatory bail application. He, however, undertakes to co-operate in the trial. Hence, he may be given the privilege of anticipatory bail.

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

4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to

Ritesh/

enlarge the petitioner on anticipatory bail.

5. 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 SubDivisional Judicial Magistrate, Latehar in connection with C.F. Case No. 27 of 2024, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajesh Shankar, J.)

A.B.A. No. 4110 of 2024

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