MD Shahjahan Alias MD Sahwawj Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

MD Shahjahan Alias MD Sahwawj Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail privileges granted: petitioner to surrender before the learned Court below (J.M.-1st Class, Godda) within six weeks; on arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card, undertakings not to change the mobile number and not to annoy or disturb the informant, victim or their family members during the pendency of the case, and further conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Mahagama P.S. Case No.223 of 2023 instituted under Sections 323, 341, 448, 307, 379, 354(B) & 34 of the Indian Penal Code, should be granted the privileges of anticipatory bail.

Court's answer

Privileges of anticipatory bail are granted to the petitioner apprehending arrest in Mahagama P.S. Case No.223 of 2023.

Ratio / Principle

The petitioner is directed to surrender before the Court below within six weeks, and in the event of his arrest or surrendering he is to be enlarged on bail.

Key takeaways

Enlargement on bail is conditional on depositing Rs.10,000/- as cash security and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M.-1st Class, Godda, in connection with Mahagama P.S. Case No.223 of 2023.ratio¶13
Bail condition: the petitioner shall co-operate with the investigation of the case, appear before the investigating officer as and when noticed by him, and furnish his mobile number and photocopy of the Aadhar Card.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail granted - Md. Shahjahan @ Md. Sahnawj, apprehending arrest in Mahagama P.S. Case No.223 of 2023 instituted under Sections 323, 341, 448, 307, 379, 354(B) & 34 of the Indian Penal Code, is directed to surrender before the Court below within six weeks; on arrest or surrender he is to be enlarged on bail on depositing Rs.10,000/- as cash security and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Godda. Conditions: co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing mobile number and photocopy of Aadhar Card, undertaking not to change the mobile number and not to annoy or disturb the informant, victim or their family members during the pendency of the case, besides further conditions under Section 438(2) of the Code of Criminal Procedure. Counsel had urged parity with co-accused Safina Khatoon @ Bibi Safina, granted anticipatory bail in A.B.A No.375 of 2024 (order dated 14.05.2024); the State opposed the prayer.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.411 of 2024

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Md. Shahjahan @ Md. Sahnawj, aged about 20 years, son of Md. Sahul, resident of Village Nakta, P.O. Laxmipur, P.S. Basantrai, District Godda, Jharkhand.

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Vinay Kr. Tiwary, Advocate For the State : Md. Azeemuddin, Addl.P.P. ------

Order No.06 Dated- 14/02/2025

Heard the parties.

Apprehending his arrest in connection with Mahagama P.S. Case No.223 of 2023 instituted under Sections 323, 341, 448, 307, 379, 354(B) & 34 of Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons attempted to murder the victim-Rukaiya Khatoon. It is submitted that the allegation against the petitioner is false. It is next submitted that the main allegation of assault is upon Muzzafar Alam @ Mojaffar. It is next submitted that there is delay of about 3 days in lodging the FIR for which there is no explanation. It is next submitted that the informant is the Sister-in-Law (Gotni) of the sister of the petitioner. It is next submitted that the petitioner has no intention to kill anybody. It is next submitted that the co-accused person-Safina Khatoon @ Bibi Safina has been given the privileges of anticipatory bail by the coordinate bench of this Court vide order dated 14.05.2024 in A.B.A No.375 of 2024. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or victim or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that

the petitioner be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1^st Class, Godda in connection with Mahagama P.S. Case No.223 of 2023 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 he will not annoy or disturb the informant or victim or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J . )

Abhiraj/