IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 655 of 2023 Md. Saleem Ansari @ Saleem Ansari @ Salim Ansari, aged about 35 years, S/o Late Ainul Haque, R/o Fajil Tola Borio, P.O. & P.S.- Borio, District- Sahibganj (Jharkhand) … Appellant - Versus - 1. The State of Jharkhand 2. Surya Paharia, S/o Mesa Pahariya, R/o Goda Pahar, P.S.- Borio, Dist.- Sahibganj. … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Appellant : Mr. Ashish Kumar Thakur, Advocate For the State-Res. : Mr. Vishwanath Roy, Spl.P.P. For the Informant : Mrs. Juhi Kumari, Amicus Curiae. --- 14/27.01.2025 Heard the parties. The appellant has filed this criminal appeal against order dated 20.07.2023 passed by learned Special Judge, (SC/ST Court), Sahibganj in Misc. Criminal Application No.380 of 2023, arising out of Borio P.S. Case No.320 of 2022, corresponding to S.C. & S.T. Case No.38 of 2023, whereby and wherein, regular bail of the appellant was rejected. The Appellant has been made accused in connection with Borio P.S. Case No. 320/2022 corresponding to SC/ST Case No. 38/2023, for the offences registered under Sections 302, 201, 120B/34 of the I.P.C. and Section 3(2)(v) of the SC/ST Act, pending in the Court of learned Special Judge, (SC/ST Court), Sahibganj. The deceased Rebika Paharin was married to co-accused Dildar Ansari. Thereafter, she went missing. Subsequently, her dead body in pieces were recovered from a public place. During the course of the investigation, it transpired that Dildar Ansari had spread rumour that deceased had left her matrimonial home. However, she was forced to convert into Islam, due to which she was murdered. Learned counsel for the appellant submitted that on the basis of confession of co-accused, murder weapon was recovered. It was further submitted that several co-accused persons have confessed their guilt, but they have not implicated this appellant. It was further submitted that one of the co-accused Mainul Ansari had implicated him after considerable -2- period of time. It was finally submitted that co-accused persons namely Amir Hussain, Mahtab Ansari and Gulera Khatoon have been granted bail by a Co-ordinate Bench of this Court vide Cr. Appeal(SJ) No.220 of 2023 and the case of the appellant stands on similar footing. Mrs. Juhi Kumari, learned Amicus Curiae appearing on behalf of the respondent no.2 and Mr. Vishwanath Roy, learned Spl.P.P. after going through the case diary have vehemently opposed the prayer for bail and submitted that the name of the appellant has come in confession of co- accused as one of the conspirator and appellant has also confessed his guilt. It was further submitted that bail application of Dildar Ansari @ Md. Dildar Ansari was earlier rejected by this Court and bail application of co-accused Mobin on whose confession, the murder weapon was recovered, has also been rejected. Considering the fact that apart from confession, there is no other cogent material against the appellant on the record, I am inclined to release the appellant, on bail. Accordingly, the appellant, named above, is directed to be released on bail, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, (SC/ST Court), Sahibganj, in connection with Borio P.S. Case No. 320/2022 corresponding to SC/ST Case No. 38/2023. Before parting I would like to record my appreciation for Mrs. Juhi Kumari, learned Amicus Curiae, who has very ably assisted this Court in adjudicating this case. Member Secretary, JHALSA is directed to pay Rs.10,000/- to the learned Amicus Curiae for the services rendered by her. (Ambuj Nath, J.) Jay/-