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2025 DAILYLAW 2533 (JHR)

AAISUDDIN SHEIKH v. THE STATE OF JHARKHAND

A.B.A./120/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.120 of 2025 ------ Aaisuddin Sheikh, age about 62 years, s/o Late Abed Ali resident of village- Niyamat Tola, P.O. Palasgachhi, P.S. Radhanagar, District- Sahibganj (Jharkhand) .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Yasir Arafat, Advocate : Mr. Ranjan Kr. Ravidas, Advocate For the State : Mr. Praful Jojo, Addl.P.P ------ Order No.02 Dated- 17-01-2025 Heard the parties. Apprehending his arrest in connection with Radhanagar P.S. Case No.186 of 2024 instituted under Sections 126 (2), 64/62, 74, 115 (2) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the informant-victim. It is submitted that the allegation against the petitioner is false. It is next submitted that because of some marital discord, this false case has been foisted against the petitioner. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and 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.50,000/- 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 J.M.- 1st Class, Rajmahal in connection with Radhanagar P.S. Case No.186 of 2024 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 during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/