Morful Sk. Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Morful Sk. Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in connection with Pakur (Muffasil) P.S. Case No.25 of 2024; in the event of arrest or surrender before the court below within three weeks, release on bail on furnishing bail bond of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pakur, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Pakur (Muffasil) P.S. Case No.25 of 2024, are entitled to be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials on record, the court was inclined to enlarge the petitioners on anticipatory bail in connection with Pakur (Muffasil) P.S. Case No.25 of 2024.

Ratio / Principle

In the event of the petitioners' arrest or surrender before the court below within three weeks, they are to be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pakur, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioners apprehending arrest in Pakur (Muffasil) P.S. Case No.25 of 2024 registered under Sections 323/452/307/354/427/504/506 IPC and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 2001 (Jharkhand) — Counsel contended false implication on account of previous enmity; an earlier FIR (Pakur (Muffasil) P.S. Case No.250 of 2023) had resulted in chargesheet against petitioner no.1 only — Held: petitioners enlarged on anticipatory bail; upon arrest or surrender before the court below within three weeks, to be released on bail bond of Rs.20,000/- each with two like sureties to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pakur, subject to conditions under Section 438(2) Cr.P.C. (Rajesh Shankar, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.4344 of 2024

Morful Sk.

Najle Alam

.......... Petitioners.

-VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioners : Mr. Anjani Kumar, Advocate For the State : Mr. Shashi Kr. Verma, A.P.P. ----- Order No.06 Date: 20.08.2024

The petitioners are apprehending their arrest in connection with Pakur (Muffasil) P.S. Case No.25 of 2024 registered under Sections 323/452/307/354/427/504/506 of the Indian Penal Code, 1860 and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 2001-Jharkhand.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the complaint leading to lodging of the present F.I.R. The petitioners have been roped in the present case by the informant due to previous enmity. In fact, prior to lodging of the present case, the informant had also lodged an F.I.R. being Pakur (Muffasil) P.S. Case No.250 of 2023 against the petitioners on 25^th November, 2023 for the offences under Sections 341/323/354(B)/504/506/34 of the I.P.C. However, the police after investigation did not find the allegation true as against the petitioner no.2 and submitted chargesheet only against the petitioner no.1. Under the said circumstance, the

informant has lodged the present case against the petitioners only with view to harass them. It is further submitted that so far as the present case is concerned, it would be evident from the impugned order dated 20^th May, 2024 that the same has not been found true with respect to the offences under Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 2001-Jharkhand as well as Section 307 of the I.P.C. The petitioners, however, undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

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

Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pakur in connection with Pakur (Muffasil) P.S. Case No.25 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Shankar, J.)

Vikas/Arpit

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A.B.A. No.4344 of 2024