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2025 DAILYLAW 26063 (JHR)

SIMAB RAWISH ALIAS RAJU v. THE STATE OF JHARKHAND

A.B.A./5651/2025 · 2025-09-23

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:29418 --1-- A.B.A. No. 5651 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5651 of 2025 ---- Simab Rawish @ Raju, age 32 years, son of Tanwir Ansari, resident of village – Karimandih Mokhar Kallan, PO and PS – Haidarnagar, District – Palamau at Daltonganj .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Sabyasanchi, Advocate For the State :- Ms. Bandana Sinha, Advocate ---- 02/23.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Haidarnagar P.S. Case No.36 of 2019 corresponding to G.R. No.956 of 2019 in S.T. No.474(A) of 2019, for the alleged offences registered under Sections 147, 148, 149, 302 and 307 of Indian Penal Code pending in the Court of learned Additional Sessions Judge – IX, Palamau at Daltonganj. 3. Learned counsel appearing for the petitioner submits that the police has investigated the matter and submitted the final form and the petitioner has not been sent up for trial, however, the learned Court under invoking Section 319 of Cr.P.C. called upon the petitioner to face the trial. He further submits that in identical situation co-accused who has also been called by the learned Court under Section 319 of Cr.P.C. and he has been granted anticipatory bail in ABA No.4063 of 2025 arising out of the same FIR. 4. Learned counsel appearing for the State opposes the prayer and 2025:JHHC:29418 --2-- A.B.A. No. 5651 of 2025 submits that the petitioner is named in the FIR and prima facie it appears that certain materials have come before the learned Sessions Judge and in view of that the petitioner has been called under Section 319 of Cr.P.C. 5. In view of the above and considering that the petitioner has been called upon by the learned Sessions Judge under Section 319 of Cr.P.C. and the petitioner is ready to cooperate in the trial and further in identical situation one of the co-accused has been granted anticipatory bail in the aforesaid ABA, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge – IX, Palamau at Daltonganj in connection with Haidarnagar P.S. Case No.36 of 2019 corresponding to G.R. No.956 of 2019 in S.T. No.474(A) of 2019, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Dated 23.09.2025 Sangam/