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2025 DAILYLAW 13952 (JHR)

ASGAR ALI KHAN v. THE STATE OF JHARKHAND

A.B.A./3206/2024 · 2025-04-28

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12658 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3206 of 2024 Asgar Ali Khan, S/o Asaf Ali Khan, R/o Baliapur, PO and PS: Baliapur, District Dhanbad. …. Petitioner Versus 1.The State of Jharkhand 2.Muniya Devi, W/o late Bhaglu Mahto, R/o village Kusumtanr, PO: Pargha, PS: Baliapur, District Dhanbad …. Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s) : Mr. A.K. Sahani, Advocate. For the State : Ms. Anuradha Sahay, APP For the OP no.2 : Mr. Pratiush Lala, Advocate ----- 09/28.04.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 438 and 440 of the Code of Criminal Procedure, as the petitioner has been allegedly implicated in CP case no. 677 of 2020 registered for the offences punishable under sections 420,406,467,468,471/34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate-1st class, Dhanbad. 2. Heard the learned counsel for the petitioner, learned counsel appearing on behalf of OP No.2 and the learned counsel for the State who have vehemently opposed the prayer for anticipatory bail of the petitioner. 3. Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the court has to be assured of is whether the accused will face the trial or not or whether there is any chance of tampering with the evidence. 4. The impugned order does not suggest any of the aforesaid situations. Since there is no necessity of custodial interrogation, the petitioner is directed to surrender before the learned court below and upon his surrender the learned court below will consider his case as per law. 5. This application is thus disposed of. (ANANDA SEN, J. ) KNR/