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2025 DAILYLAW 29366 (JHR)

MD ZAFAR ALIAS MOHAMMAD ZAFER v. THE STATE OF JHARKHAND

A.B.A./7734/2024 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:11058 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.7734 of 2024 ------ Md. Zafar @ Mohammad Zafer aged about 31 years son of Md. Imamuddin, resident of village Hamzapur near Imamganj More, P.O. Sherghati, P.S.-Amas, District-Gaya (Bihar). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ Order No.05 Dated- 09/04/2025 I.A. No.4249 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application. Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous. (Anil Kumar Choudhary, J.) A.B.A. No.7734 of 2024 Apprehending his arrest in connection with Jhinkpani P.S. Case No.23 of 2024 instituted for the offences punishable under Sections 467, 468, 420, 120B/34 of the Indian Penal Code, 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 has erased chassis number of his vehicle bearing registration no.BR53G-3632 by punching, unlawfully and has thus committed cheating and forgery. It is submitted that the allegation against the petitioner is false. It is next submitted drawing attention of this Court to the page no.19 of the brief that the said vehicle was purchased by the brother of the petitioner namely Heyat Ahmad in an auction made by the Tata Motors Finance Limited and the same has been intimated to the RTO, Lakhisarai by the authorized signatory of the Tata Motors Finance Limited. It is next submitted by drawing attention of this Court to the supplementary affidavit dated 10.01.2025; which is the affidavit sworn in by the Heyat Ahmad, that the said vehicle has been sold by way of an agreement by Heyat Ahmad to the petitioner. It is next submitted that thus the petitioner has not committed any forgery and the forgery if at all might have been committed by the person who was in possession of the said vehicle namely Vijay Kumar Gupta; for the same was auction sold. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-17 of this anticipatory bail application. It is next submitted that the co-accused person has been given the privileges of anticipatory bail by the co-ordinate bench of this Court vide order dated 10.12.2024 in A.B.A. No.7195 of 2024. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Singhbhum at Chaibasa in connection with Jhinkpani P.S. Case No.23 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/