IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary, J.
Md. Saddam and ors. - Petitioners
Versus
The State of Jharkhand - Opposite Party
A.B.A. No.969 of 2025
Decided On : 13-02-2025
| Table of Content |
|---|
| 1. introduction of case and anticipatory bail motion. (Para 1 , 2) |
| 2. defense arguments against allegations. (Para 3) |
| 3. court's decision to grant anticipatory bail. (Para 4) |
| 4. conditions imposed for bail. (Para 5) |
ORDER :
Anil Kumar Choudhary, J.
1.Heard the parties.
2. Apprehending their arrest in connection with B. Nagar P.S.Case No.84 of 2024, corresponding to G.R. No.1532 of 2024 instituted under Sections 126 (2), 115(2), 303(2), 137(2), 74, 131, 324(4), 196, 352, 351(2), 351(3) & 3(5) of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.
3. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, outraged the modesty of the informant and voluntarily caused hurt, wrongfully restrained her and kidnapped her. It is submitted that the allegation against the petitioners is false. It is then submitted that the informant has compromised her dispute with the co-accused persons and filed the petition, in respect of the same before the learned Chief Judicial Magistrate, Chatra, as has been mentioned in the order dated 13.01.2025 in A.B.A. No.7991 of 2024, in which the co-accused person has given the privileges of anticipatory bail by this Court. It has further been submitted that similarly situated co- accused persons have been granted anticipatory bail by this Court in A.B.A. Nos.689 of 2025, 298 of 2025, 7991 of 2024 vide order dated 30.01.2025 23.01.2025 & 13.01.2025. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
4. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners.
5. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.25,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra in connection with B. Nagar P.S. Case No.84 of 2024, corresponding to G.R. No.1532 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Court grants anticipatory bail to petitioners in a case alleging serious offences, emphasizing compliance with conditions and the non-interference with the informant.
Anticipatory bail can be granted based on the nature of allegations, non-serious injuries, and promises to cooperate with the investigation, particularly where co-accused were similarly given bail.
Anticipatory bail can be granted when allegations are deemed false and the accused demonstrate willingness to cooperate with the investigation.
The court may grant anticipatory bail when false allegations are claimed, provided petitioners assure cooperation in investigations and undertake to not disturb the informant.
Anticipatory bail can be granted when parties reach a compromise, with conditions ensuring dignity and cooperation in ongoing investigations.
Anticipatory bail can be granted when both parties express willingness to reconcile, provided the petitioner cooperates with the investigation.
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