Allowed

Mojahir Ansari v. the State of Jharkhand

Jharkhand HC20 Sept 2024B.A./7070/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted regular bail to the petitioner in a murder and arms act case, observing that no Test Identification Parade had been conducted. The applicant was directed to execute a bail bond of Rs. 10,000 with two sureties and submit Aadhaar and mobile details to the trial court.

What did the court decide?

Regular bail granted on furnishing bail bond of Rs. 10,000/- with two sureties of like amount, subject to conditions regarding Aadhaar and mobile number submission.

Mojahir Ansari Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7070 of 2024

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Mojahir Ansari, aged about 37 years, S/o – Ahsan Ansari, R/o – village – Hanhat, P.O. & P.S. - Kairo, District – Lohardaga …… Petitioner

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Versus

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The State of Jharkhand

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…... Opp. Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Sunil Kr. Dubey, A.P.P

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-------- 04/Dated: 20th September, 2024

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1. Heard learned counsel for the applicant and learned counsel for the State.

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2. The applicant, who is in custody since 23.12.2023, has renewed the prayer for grant of regular bail in connection with Bharno P.S. Case No.58 of 2023, corresponding to G.R. No.191 of 2024, registered for the offence under Sections 302/ 34/ 120B of the Indian Penal Code and Sections 27/ 25(1-b)A/ 26/ 35 of the Arms Act.

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It appears that earlier, the prayer for bail of this applicant was dismissed as withdrawn vide order dated 21.06.2024, passed in B.A. No.3689 of 2024.

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3. It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.

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Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that the only material against this applicant is the confession. The alleged recovery of a country made pistol is false as there is no signature of the applicant on the seizure list. It has further been submitted that there is no material in the case diary establishing the fact that the alleged pistol is the weapon of crime. The informant has claimed to be an eye witness, but no Test Identification Parade has been held and further, the charge has already been framed. On the above basis, prayer for bail has been renewed.

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4. On the other hand, learned counsel for the State has

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- 1 - B.A. No.7070 of 2024

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opposed the prayer for bail.

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5. Considering the fact that no T.I.P has been held, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Gumla, in connection with Bharno P.S. Case No.58 of 2023, corresponding to G.R. No.191 of 2024, subject to the condition that this applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

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(Rajesh Kumar, J.)

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Chandan/-

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- 2 - B.A. No.7070 of 2024

Mojahir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mojahir Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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