HURMAJ ANSARI ALIAS HARMUJ ANSARI ALIAS HARMUJ ANSARY ALIAS HURMUJ ANSARI v. THE STATE OF JHARKHAND
A.B.A./7251/2024 · 2025-03-20
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27446 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27446 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7251 of 2024
------ Hurmaj Ansari @ Harmuj Ansari @ Harmuj Ansary @ Hurmuj Ansari, aged about 25 years, son of Wakil Ansari, Resident of Fatepur, Tola Bohra, Para, P.O, P.S & District- Purulia, West Bengal.
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party With A.B.A. No.7270 of 2024
------ Samaun Ansari @ Laden @ Samaun Ansary, aged about 20 years, son of Muktar Ansari, Resident of Fatepur, Tola Bohra, Para, P.O, P.S & District- Purulia, West Bengal. .... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Sunil Singh, Advocate
Mr. Mukund Bihari Lal, Advocate
For the State
: Mr. Sudhir Kumar Mahto, Addl.P.P
Mr. Sanat Kr. Jha, Addl.P.P.
For the Informant : Md. Nasim Akhtar, Advocate
------
Order No.05 Dated-20-03-2025 I.A. No.3424 of 2025 in A.B.A. No.7251 of 2024 and I.A. No.3423 of 2025 in A.B.A. No.7270 of 2024
Heard the parties.
Learned counsel for the petitioner of both these Anticipatory Bails Applications submits that these interlocutory applications have been filed with a prayer for early hearing.
Since these Anticipatory Bails Applications are heard today, hence, these interlocutory applications are disposed of being infructuous.
(Anil Kumar Choudhary, J.) A.B.A. No.7251 of 2024 with A.B.A. No.7270 of 2024 Heard the parties.
Since both these Anticipatory Bails Applications have been filed with the prayer for anticipatory bail, in connection with Chas Mahila P.S. Case No.06 of 2024, hence, both these Anticipatory Bails Applications are disposed of by this common order.
Apprehending their arrest in connection with Chas Mahila P.S. Case No.06 of 2024 instituted under Sections 354/354(A)/354(C) of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioners submits that the brief fact of the case is that the petitioner of A.B.A. No.7270 of 2024 who is undisputedly the husband of the informant, used to intimidate the informant and also used to take her obscene photographs by making her naked and the informant earlier filed Chandankiyari P.S. Case No.11 of 2024 against the petitioner of A.B.A. No.7270 of 2024 and the petitioner of 7251 of 2024 , though alleged by the informant to be a friend of her husband. But in fact, he is the cousin paternal uncle of the petitioner of A.B.A. No.7270 of 2024, and it is alleged by the informant that he sent the said naked obscene photographs of the informant in the mobile phone of the informant and her father and blackmailed the informant by threatening her that unless the informant establishes physical relationship with the petitioner of A.B.A. No.7251 of 2024, the said obscene photographs will be made viral. It is next submitted by the learned counsel for the petitioners that the allegation against the petitioners is false. It is then submitted that because of marital discord between the informant and her husband, this false case has been foisted against the petitioners. It is also submitted that there is no allegation against the petitioners of A.B.A. No.7251 of 2024 of outraging the modesty of the victim. It is then submitted that since the petitioner of A.B.A. No.7270 of 2024 is the husband of the informant, hence, question of his outraging the modesty, does not arise. It is then submitted that the offences punishable under Sections 354(A) and 354(C) of the Indian Penal Code are bailable in nature. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case and will also not make any posting in any social media account during the pendency of the case. It is lastly submitted that the
petitioners undertake to cooperate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P. appearing for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from the date of the order and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bokaro in connection with Chas Mahila P.S. Case No.06 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and he will not make any posting in any social media account 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.) Saroj/