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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Sajid Ansari @ Md. Sabir - Appellant
Versus
The State of Jharkhand - Respondent
A.B.A.No. 1436 of 2025
Decided on : 04-03-2025
| Table of Content |
|---|
| 1. petitioners seek anticipatory bail. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 3 , 4) |
| 3. court grants anticipatory bail. (Para 5) |
JUDGMENT :
1. Heard the parties.
2. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Itkhori P.S. Case No. 07 of 2022, registered under Sections 147, 149, 323, 337, 338, 353, 504, 506 & 120B of the Indian Penal Code.
3. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly and in prosecution of common object of the assembly pelted stones upon the member of the other community. It is further submitted that the allegations against the petitioners are all false and there is no specific allegation against the petitioners. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case and further undertake that they will not indulge in any offence while on bail. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 29.10.2024, in A.B.A. No. 7009 of 2024. Hence, it is submitted that the petitioners be also given the privilege of anticipatory bail.
4. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
5. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Chatra, in connection with Itkhori P.S. Case No.07 of 2022with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that they will not indulge in any offence while on bail and subject to the conditions as laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Anticipatory bail may be granted when allegations are vague, and similar relief has been provided to co-accused, provided that petitioners undertake cooperation with the investigation.
Anticipatory bail can be granted when allegations are deemed false and the accused demonstrate willingness to cooperate with the investigation.
Anticipatory bail can be granted when allegations lack seriousness and the prosecution does not oppose the application.
Court grants anticipatory bail to petitioners in a case alleging serious offences, emphasizing compliance with conditions and the non-interference with the informant.
The court may grant anticipatory bail when false allegations are claimed, provided petitioners assure cooperation in investigations and undertake to not disturb the informant.
The court held that prior criminal antecedents do not automatically preclude anticipatory bail if subsequent developments indicate a lack of merit in the case.
Anticipatory bail granted when no overt act established against petitioners in a criminal case.
The court granted anticipatory bail based on suspicious FIR delays and lack of specific accusations against the primary petitioner.
The main legal point established in the judgment is the need for concrete facts and reasonable apprehension for granting anticipatory bail, and the importance of protecting personal liberty under Art....
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