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2025 DAILYLAW 29512 (JHR)

ASHOK VISHWAKARMA v. THE STATE OF JHARKHAND

A.B.A./7787/2024 · 2025-01-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7787 of 2024 ------ Ashok Vishwakarma … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rishi Pallava, Advocate For the State : Mr. Saket Kumar, Addl. P.P. ------ Order No.04 Dated- 03.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ketar P.S. Case No.42 of 2024 registered under sections 191(2)/ 190/127(2)/115(2)/351(2)/324 (2)/109 of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder the informant by assaulting the informant on his head with a brick causing grievous injury on his head. It is further submitted that the allegations against the petitioner are all false. It is next submitted that for the selfsame occurrence, from the side of the petitioner, the mother of the petitioner instituted Ketar P.S. Case No. 41 of 2024. It is further submitted that the informant was the aggressor party. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that in view of the nature of injury sustained by the victim and the manner of assault, there is every chance of the petitioner absconding if released on bail. It is next submitted that the custodial interrogation of the petitioner is required during the investigation of the case. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail. Considering the serious nature of allegation against the petitioner and the requirement of custodial interrogation of the petitioner during the investigation of the case, this Court is not inclined to give the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioner is rejected. (Anil Kumar Choudhary, J.) Sonu/Gunjan-