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2025 DAILYLAW 29285 (JHR)

MD SHAFIK @ MD SHAFIK MIAN v. THE STATE OF JHARKHAND

A.B.A./7859/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7859 of 2024 ------ Md. Shafik @ Md. Shafik Mian .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajesh Kr. Singh, Advocate For the State : Mr. Tarun Kumar, A.P.P ------ Order No.04 Dated- 07-01-2025 Heard the parties. Apprehending his arrest in connection with Chatra Sadar P.S. Case No. 321 of 2023 instituted under Sections 147, 148, 149, 337, 153(A), 295(A), 504 and 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner promoted enmity between different groups on the ground of religion and indulged in deliberate and malicious acts intending to outrage the religious feelings of a class of citizens of India by setting the religious flag on fire and raising slogans against the religion. The co-accused persons have already been given the privilege of anticipatory bail by this Court in A.B.A. No. 7924 of 2024 vide order dated 03.01.2025. It is further submitted that the allegation against the petitioner is all false. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the informant or the members of his religion in any manner during the pendency of the case and will not indulge in any act to hurt his religious feelings. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.25,000/- and 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 Chief Judicial Magistrate, Chatra, in connection with Chatra Sadar P.S. Case No.321 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case and further undertakes that he will not annoy or disturb the informant or the members of his religion in any manner during the pendency of the case and will not indulge in any act to hurt his religious feelings subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) RKM/