Abdul Jamal Gaddi Alias Jamal Gaddi Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Abdul Jamal Gaddi Alias Jamal Gaddi 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 upon arrest or surrender before the court below within three weeks, on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Lower Bazar P.S. Case No.133 of 2022 (G.R. No.3211 of 2022) registered under Sections 147/148/149/353/188/427/295A/298/332/504/323/120B IPC, 1860, is entitled to anticipatory bail.

Court's answer

On hearing 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 Judicial Magistrate, Ranchi, in connection with Lower Bazar P.S. Case No.133 of 2022 (G.R. No.3211 of 2022), subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Jharkhand High Court, single Judge (Rajesh Shankar, J.), allowed A.B.A. No.6748 of 2024 filed by Abdul Jamal Gaddi @ Jamal Gaddi apprehending arrest in Lower Bazar P.S. Case No.133 of 2022 (G.R. No.3211 of 2022) registered under Sections 147/148/149/353/188/427/295A/298/332/504/323/120B of the Indian Penal Code, 1860, arising out of an alleged procession of 10.06.2022 in which 18 named accused and 8000-10000 unknown persons were said to have raised hateful slogans and disturbed communal harmony on Main Road, Ranchi. Noting counsel's submissions that the petitioner was falsely implicated, was pursuing a Ph.D. course, and had already been granted anticipatory bail in the similar Daily Market P.S. Case No.17 of 2022 (order dated 07.08.2024 in A.B.A. No.2840 of 2024), the Court directed release on bail, upon arrest or surrender within three weeks, on a bail bond of Rs.20,000/- with two like sureties to the satisfaction of the learned Judicial Magistrate, Ranchi, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6748 of 2024

Abdul Jamal Gaddi @ Jamal Gaddi, S/o Late Abdul Qadir Gaddi, R/o 28, Gwala Toli, P.O.-GPO, P.S.-Hindpiri, DistrictRanchi. .......... Petitioner.

-VersusThe State of Jharkhand .......... Opp. Party.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. Praful Jojo, A.P.P. ----- Order No.03 Date: 18.11.2024

The petitioner is apprehending his arrest in connection with Lower Bazar P.S. Case No.133 of 2022, corresponding to G.R. No.3211 of 2022 registered under Sections 147/148/149/353/188/427/295A/298/332/504/323/120B 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. As per the allegation, on 10th June, 2022 18 named accused persons including the petitioner and 8000-10000 unknown persons being part of a procession armed with lathi, danda and other weapons were raising hatred slogan and thereby disturbed communal harmony in Main Road of Ranchi city. It has further been alleged that the members of the said procession used criminal force against the public and government officials. It is also submitted that the petitioner is not at all concerned with the alleged occurrence. He is doing Ph.D. Course (Academic Session

2023-25) from Dr. Shyama Prasad Mukherjee University, Ranchi and has unnecessarily been dragged in the present case. The petitioner has already been granted anticipatory bail by this Court in connection with similar F.I.R. i.e. Daily Market P.S. Case No.17 of 2022 vide order dated 7th August, 2024 passed in A.B.A. No.2840 of 2024. The petitioner also undertakes to co-operate in 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 on consideration of the materials available on record, 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, Ranchi in connection with Lower Bazar P.S. Case No.133 of 2022, corresponding to G.R. No.3211 of 2022 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rajesh Shankar, J.)

Vikas/

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A.B.A. No.6748 of 2024