SM MASOOQUE ALAM ALIAS MASUK ALAM v. THE STATE OF JHARKHAND
A.B.A./5418/2024 · 2025-04-16
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21891 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21891 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11448 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5418 of 2024 SM Masooque Alam @ Masuk Alam, son of SM Makaud Alam, resident of village- Makhdumpur, Ansar Mohalla, P.O and P.S. Balidih, District- Bokaro.
.... Petitioner(s). Versus The State of Jharkhand
… Opp. Party(s).
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CORAM :
SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Sanjeev Thakur, Advocate. For the State : Mr. Azeemuddin, A.P.P. …..... 05/16.04.2025 This is an application filed by the petitioner praying for grant of anticipatory bail in terms of Sections 482 and 484 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, as the petitioner has been allegedly implicated in a criminal case registered under Section(s) 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act in connection with Balidih P.S. Case No. 291 of 2023, pending in the Court of learned SDJM, Bokaro. Heard learned counsel for the petitioner(s) and learned APP for the State at length and gone through the documents annexed along with his application. Opportunity was given to the State to oppose the bail, which the State availed and opposed.
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and the FIR has been lodged after six hours of the occurrence. He further submits that it is also impossible to believe that the weapons, which were used, were left behind by the petitioner and others and the injury on the hand is also simple in nature. The allegation against the petitioner is that he along with others has assaulted injured with knife. Paragraph 95 of the case diary is the injury report. There are three incised wound, two of the injuries are on the right forearm and on the right wrist and one of them is over the upper lip. The dental surgeon opined that the other injuries, caused by hard and blunt substances, are grievous in nature. The statement of the eye witness has been recorded in paragraph 11, which suggests that this petitioner and one Sahdab have assaulted the injured with knife and Akbar Ansari with danda (stick). paragraph 12 is the statement of another witness who also stated that the petitioner has assaulted with knife. In view of the aforesaid facts, I am not inclined to allow this anticipatory bail application. Accordingly, the prayer for bail of the petitioner, above named, is rejected. Anu/-C.P.-3
(ANANDA SEN, J.)