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2025 DAILYLAW 12801 (JHR)

TOFIQUE ANSARI v. STATE OF JHARKHAND

B.A./3845/2025 · 2025-06-09

Anil Kumar Choudhary

body2025

Judgment text

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[ 2025:JHHC:14836] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3845 of 2025 1. Tofique Ansari, aged about 21 years, son of Gulam Ansari. 2. Khatir Mian, aged about 60 years, son of Jhari Mian. 3. Kalam Ansari, aged about 33 years, son of Lal Mohammad. All are resident of Village Nagadari, P.O. Baskupi, P.S. Karon, District Deoghar, Jharkhand. … Petitioners Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. A.K.Choudhary , Adv. For the State : Ms.Vandana Bharti, Addl.PP. 02 / 09.06.2025 Heard the parties. The petitioners have been made accused in connection with Karon P.S. Case No. 23 of 2025, instituted under Sections 191(2), 191(3), 190, 127(2), 132, 121(1), 121(2), 262, 263, 109, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 . Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of the common object of the assembly, voluntarily used criminal, force, assaulted and caused hurt, to the public servant in discharging their duty who went to investigate a cybercrime and attempted to commit their murder. It is submitted that the allegation against the petitioners is false and the petitioners are not named in the FIR. Drawing attention of the court to para 59 of the case diary, it is submitted by learned counsel for the petitioner that the petitioner has been implicated in this case only on the basis of the information provided by the spy that they are hiding themselves and they are contemplating to abscond. It is next submitted that the petitioner have no criminal antecedent, as mentioned in paragraph 14 of the bail application. It is next submitted that the petitioners have been in jail custody since 04.04.2025, as mentioned in para 16 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioners are ready and willing to co- operate with the trial of the case and undertakes not to annoy or disturb the informant or the victim or the other witness of the case in any manner during trial of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. opposed the prayer for regular bail. Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioners on bail. Hence, the court below is directed to release the petitioners on bail 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 Additional Chief Judicial Magistrate, Madhupur.in connection with Karon P.S. Case No. 23 of 2025 with the condition that the petitioner will not annoy or disturb the informant or the other witness of the case or the victim in any manner during trial of the case and will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that they will not change the mobile phone number during the trial of the case. (ANIL KUMAR CHOUDHARY, J.) Smita/-