Hakimuddin Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Hakimuddin Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted: petitioner to surrender in the Court below within six weeks and, on arrest or surrender, to be enlarged on bail on proof of depositing Rs.84,500/- with the D.F.O, Garhwa, North Forest Division and on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, subject to co-operation with the trial and the conditions under Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint (C.F.) Case No.311 of 2024 under Sections 41, 42 and 52 of the Indian Forest Act, is entitled to the privilege of anticipatory bail.

Court's answer

On consideration of the submissions of learned counsel for the parties and the facts and circumstances stated, the Court was inclined to grant privileges of anticipatory bail to the petitioner.

Ratio / Principle

Anticipatory bail granted on condition that the petitioner surrenders in the Court below within six weeks and, in the event of arrest or surrender, shall be enlarged on bail upon showing proof of depositing Rs.84,500/- with the D.F.O, Garhwa, North Forest Division, without prejudice to his defence.

Key takeaways

Enlargement on bail further conditional on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nagar Untari, Garhwa, in connection with Complaint (C.F.) Case No.311 of 2024, with the condition of co-operating with the trial and compliance with the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶15
In case the petitioner deposits Rs.84,500/- with the D.F.O, Garhwa, North Forest Division, the learned trial court will pass appropriate order regarding the same at the time of conclusion of trial.ratio¶¶16

Detailed headnote1 paragraphs

Anticipatory Bail - Jharkhand High Court allows A.B.A. No.909 of 2025 filed by Hakimuddin Ansari, who apprehended arrest in Complaint (C.F.) Case No.311 of 2024 under Sections 41, 42 and 52 of the Indian Forest Act for alleged illegal cutting of trees, wherein 60 pieces of Sal Wood logs were recovered and Confiscation Case No.12 of 2024 was initiated. Bail granted with the petitioner to surrender within six weeks, conditioned on depositing Rs.84,500/- with the D.F.O, Garhwa, North Forest Division (trial court to pass appropriate order on the deposit at conclusion of trial) and furnishing bail bond of Rs.25,000/- with two like sureties to the satisfaction of the A.C.J.M., Nagar Untari, Garhwa, subject to co-operation with the trial and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Deposit to be made without prejudice to the petitioner's defence.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.909 of 2025

------

Hakimuddin Ansari, age about 48 years, Son of Nasir Miya, Resident of Village-Khala, P.O. & P.S.-Dhurki, Dist.-Garhwa

.... .... …. Petitioner

Versus

The State of Jharkhand

-----CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manoj Kr. No.2, Advocate For the State : Mr. P. K. Chatterjee @ Prabir Chatterjee,Addl. P.P ------

Order No.02 Dated- 11-02-2025

Heard the parties.

Apprehending his arrest in connection with Complaint (C.F.) Case No.311 of 2024 instituted under Sections 41,42 and 52 of the Indian Forest Act, 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 petitioner was involved in illegally cutting of trees in the forest area and 60 pieces of logs of Sal Wood were recovered while the same were illegally transported and Confiscation case No.12 of 2024 has been initiated. It is next submitted that the allegation against the petitioner is false. It is then submitted that petitioner has no criminal antecedent as mentioned in para-8 of the anticipatory bail application. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and deposit Rs.84,500/- with the D.F.O, Garhwa, North Forest Division without prejudice to his defence in this case, subject to final decision of the case. 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 showing proof of depositing Rs.84,500/- with the D.F.O, Garhwa, North Forest Division without prejudice to his defence in this case 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 A.C.J.M., Nagar Untari, Garhwa in connection with Complaint (C.F.) Case No.311 of 2024 with the condition that he will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In case the petitioner deposits Rs.84,500/- with the D.F.O, Garhwa, North Forest Division, learned trial court will pass appropriate order regarding the same at the time of conclusion of trial.

(Anil Kumar Choudhary, J . )

Rohit/