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2025 DAILYLAW 11731 (JHR)

IBRAR HAZAM v. THE STATE OF JHARKHAND

A.B.A./2651/2024 · 2025-01-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2651 of 2024 ------ Ibrar Hazam @ Ibrar Hajam, aged about 51 years, son of Late Kabeydeen Hazam, resident of Village Purana Hospital Chowk, P.O. and P.S. Chainpur, District- Palamau .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Satish Kr. Keshri, Addl. P.P ------ Order No.07 Dated- 21-01-2025 Heard the parties. Apprehending his arrest in connection with Chainpur P.S. Case No.177 of 2023 instituted under Sections 307, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner, in criminal conspiracy with the co- accused persons, attempted to murder the informant by firing upon him and there is further allegation against the petitioner that along with the father, mother and brother of the co-accused Anant Soni, the petitioner also went to the witness of this case and persuaded him not to adduce evidence against the co-accused persons. It is submitted that the allegation against the petitioner is false. It is next submitted that though the petitioner is not named in the F.I.R. yet he has been implicated in this case only on the basis of statement of the co-accused Mandeep Kumar. It is further submitted that there is no allegation against the petitioner of any overt act in the occurrence of firing at the victim. It is further submitted that the petitioner undertakes to co-operate with the investigation of the case and neither will he annoy or disturb the informant in any manner nor will he go to or near the house of the informant during the pendency of the case. It is lastly submitted that the petitioner undertakes 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.25,000/- 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 S.D.J.M., Palamau at Daltonganj in connection with Chainpur P.S. Case No.177 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 in any manner and will not go to or near the house of the informant 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.) Animesh/