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MD Ramjan Ali Alias Ramjani Ali v. the State of Jharkhand

Jharkhand HC11 Mar 2024A.B.A./4687/2023

Case brief

AI extract

What is this about?

Anticipatory bail application in a case alleging operation of an ultrasound machine without permission under the PCPNDT Act and IPC Sections 420/417; court granted anticipatory bail subject to surrender, bonds, and co-operation with investigation.

What did the court decide?

Anticipatory bail granted on surrender within four weeks; bail bond Rs.20,000 with two sureties, conditions under Section 438(2) CrPC.

MD Ramjan Ali Alias Ramjani Ali Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4687 of 2023

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Md. Ramjan Ali @ Ramjani Ali @ Md. Ramjan Alli @ Ramjani Alli

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Versus

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The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. S.P. Roy, Advocate For the State : Mr. Sardhu Mahto, Addl.P.P

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Order No.06 Dated- 11.03.2024

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Basantrai P.S. Case No. 24 of 2022 instituted under Sections 420 and 417 of the Indian Penal Code and Sections 18 and 23 of P.C & P.N.D.T. Act, 1994, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per FIR, allegation is that petitioner was operating and conducting Ultrasound Machine without getting valid permission from the concerned department.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. No specific overt act has been attributed against the petitioner for operating any ultrasound machine against the provisions of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. It is further submitted that no ultrasound machine has been seized in this case. Petitioner has no criminal antecedents. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the Court below within four weeks from today and

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in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1^st Class, Godda in connection with Basantrai P.S. Case No. 24 of 2022 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.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

MD Ramjan Ali Alias Ramjani Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Ramjan Ali Alias Ramjani Ali v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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