Allowed

Aftab Alam Alias MD Aftab Alam v. the State of Jharkhand

Jharkhand HC2 Sept 2024A.B.A./5415/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail for alleged assault, cash snatching and extortion demands, claiming false implication on account of enmity. Noting similarly situated co-accused had already been granted anticipatory bail, the court enlarged the petitioners on anticipatory bail with standard conditions.

What did the court decide?

Anticipatory bail: release on furnishing Rs.20,000 bail bond each with two like sureties upon arrest or surrender within three weeks, subject to BNSS 482(2) conditions.

Aftab Alam Alias MD Aftab Alam Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5415 of 2024

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Aftab Alam @ Md. Aftab Alam

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Enamul @ Md. Enamul Ansari

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Ekramul Ansari

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Ataul @ Ataullah Ansari

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… … Petitioners

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Versus The State of Jharkhand …. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Naveen Kumar Ganjhu, A.P.P. Order No. 03 Dated: 02.09.2024

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The petitioners apprehending their arrest for the offences punishable under Sections 341/323/307/379/387/504/506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

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2. 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 F.I.R. As per the allegation, on 26.09.2022 at about 12:00 noon, the informant was getting the materials unloaded for construction of boundary wall over the land purchased by him. In the meantime, the accused persons including the petitioners arrived at the place of occurrence and by abusing the informant and his son, assaulted them by means of ‘lathi-danda’. The accused persons also snatched Rs.7,000/- cash from the informant and demanded extortion money of Rs.10,00,000/-. It is further submitted that the petitioners have been roped in this case due to previous enmity and personal grudge with the informant. Even if the content of the written report is treated to be true, the informant and his son sustained simple injury. There is general and omnibus allegation against the petitioners. Similarly situated co-accused persons namely Khushbuddin Ansari @

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Khushbuddin and Sabir Ansari have already been granted anticipatory bail by a Bench of this Court vide order dated 15.06.2023 passed in A.B.A. No. 3905 of 2023. The petitioners have no criminal antecedent as has been stated in paragraph-14 of the present anticipatory bail application. They also undertake to cooperate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

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

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4. Having heard learned counsel for the parties and considering that the aforesaid similarly situated co-accused persons have already been granted anticipatory bail, I am inclined to enlarge the petitioners on anticipatory bail.

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5. 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 Judicial Magistrate-1^st Class, Ranchi in connection with Sadar (Mesra) P.S. Case No. 431 of 2022, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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Ritesh/

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(Rajesh Shankar, J.)

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A.B.A. No. 5415 of 2024

Aftab Alam Alias MD Aftab Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Aftab Alam Alias MD Aftab Alam v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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