IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Sahid Ansari, son of Jahruddin Ansari and Ors. – Petitioners
Versus
The State of Jharkhand - Opposite Party
A.B.A. No. 316 of 2025
Decided On : 23-01-2025
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 126(2), 118(2), 109, 3(5) - Anticipatory bail - Petitioners sought anticipatory bail in connection with attempted murder allegations, asserting the charges were false and general in nature, with injuries being simple - Petitioners agreed to cooperate with the investigation and not disturb the informants. (Paras 2-3)
(B) Anticipatory Bail - The court considered the nature of allegations and the petitioners' willingness to comply with conditions for bail, determining it was a fit case for granting anticipatory bail. (Paras 5)
Facts of the case:
The petitioners faced allegations of attempted murder related to a dispute over land and crop planting, claiming the accusations were false and retaliatory.
Findings of Court:
The court found it appropriate to grant anticipatory bail under specified conditions, including cash security and cooperation with the investigation.
Issues: The main issues included the validity of the allegations against the petitioners and the appropriateness of granting anticipatory bail.
Ratio Decidendi: The court ruled that the nature of the allegations and the petitioners' willingness to comply with bail conditions justified the grant of anticipatory bail.
Result: Anticipatory bail granted subject to conditions.
ORDER :
ANIL KUMAR CHOUDHARY, J.
1.Heard the parties.
2. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ranka P.S. Case No.129 of 2024 registered under sections 126(2)/118(2)/109/3(5) of the B.N.S., 2023.
3. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons attempted to murder Samina Bibi, Sadik Ansari, Rasidan Bibi, Parwez Ansari and Mushraf Ansari. It is further submitted that the allegations against the petitioners are all false and for the selfsame occurrence, from the side of the petitioners, Ranka P.S. Case No. 130 of 2024 was instituted and there was a free fight between the parties consequent upon commission of theft by the informant party. It is then submitted that the dispute is regarding plantation of paddy crop on 32 decimals of land having khata no. 20 being plot no. 220. It is then submitted that the petitioners have no intention to kill anybody and the allegations are general and omnibus in nature. It is also submitted that the injuries sustained by the alleged victims are simple in nature. 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 annoy or disturb the informant, victim or any of their family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be 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 learned J.M. 1st Class, Garhwa, in connection with Ranka P.S. Case No.129 of 2024 with 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant, victims or any of their family members in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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 based on the nature of allegations, non-serious injuries, and promises to cooperate with the investigation, particularly where co-accused were similarly given bail.
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 granted based on lack of specific allegations against the petitioners.
The Court granted anticipatory bail based on insufficient evidence of specific involvement in the alleged offenses.
The court held that prior criminal antecedents do not automatically preclude anticipatory bail if subsequent developments indicate a lack of merit in the case.
The judgment establishes criteria for anticipatory bail considering prior animosities and the nature of injuries involved.
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 parties reach a compromise, with conditions ensuring dignity and cooperation in ongoing investigations.
The court highlighted the necessity for specific allegations to deny anticipatory bail, particularly amidst counterclaims and in cases of simple injuries.
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