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2025 DAILYLAW 21785 (JHR)

MD SALMAN ANSARI v. THE STATE OF JHARKHAND

A.B.A./5272/2024 · 2025-04-03

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10455 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5272 of 2024 ------ 1. Md. Salman Ansari @ Salman Ansari, age 21 years, S/o Md. Salim Ansari 2. Sharif Ansari @ Sharif Ansari, age 22 years, s/o Kalim Ansari 3. Mohammad Shahrukh @ Sharukh Ansari @ Md. Sarukh, age 18 years, S/o Mohammad Firoz Petitioner No. 1 to 3 are Resident of Kadru Bagicha Toli, Argora Chowk, P.O. & P.S. –Doranda, Dist –Ranchi, Jharkhand. … Petitioners Versus The State of Jharkhand … Opposite Parties With A.B.A. No. 5274 of 2024 ------ 1. Md. Salim Ansari @ Banthu, Age -44 years, S/o Late Abdul Subhan Ansari 2. Md. Kalim Ansari @ Chotu, Age 41 years, S/o Late Abdul Subhan Ansari 3. Shamim Ansari @ Getu Ansari @ Shamim, Age 36 years, S/o Late Subhan Ansari 4. Md. Guddu Ansari @ Bihari @ Guddu Ansari, Age -50 years, S/o Ibrahim Ansari, Petitioner No. 1 to 4 are R/o Kadru Bahicha Toli, Argora Chowk, P.O. & P.S. –Doranda, Dist –Ranchi, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rahul Pandey, Advocate For the State : Mr. Pankaj Kumar, P.P. : Ms. Snehlika Bhagat, Addl. P.P. ------ Order No.07 Dated- 03.04.2025 1. Heard the parties. 2. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Argora P.S. Case No.116 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 354, 448 & 504 of the Indian Penal Code. 3. Since both these anticipatory bail applications have been filed in the selfsame case, hence both the anticipatory bail applications are disposed of by this common order. 4. The learned counsel for the petitioners submits that the allegation against the petitioners is that consequent upon a dispute regarding payment of parking fee of a car in parking place outside Arogra Railway Station, the petitioners along with the co- accused persons being members of an unlawful assembly, in prosecution of common object of the assembly attempted to murder Md. Jamil and his son Asif Ali. It is further submitted that the allegations against the petitioners are all false and the co- accused –Rajesh Kumar Tiwari has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 23.09.2024, in A.B.A. No. 768 of 2024. It is next submitted that the main allegation is against Firoj Ansari and the allegation against the petitioners are general and omnibus in nature. It is further submitted that for the selfsame occurrence, from the side of the petitioners, the niece of the petitioners lodged Argora P.S. Case No. 117 of 2023. It is next submitted that the petitioners have no intention to kill anybody and some of the petitioners are not named in the F.I.R. 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 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. 5. Learned P.P. and the learned Addl. P.P. opposes the prayer for grant of anticipatory bail. 6. 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 Judicial Magistrate -1st Class, Ranchi, in connection with Argora P.S. Case No.116 of 2023 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 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 that they will not annoy or disturb the informant, victim or 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. (Anil Kumar Choudhary, J.) Sonu/Gunjan-