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2025 DAILYLAW 29612 (JHR)

JAMSHED ANSARI v. THE STATE OF JHARKHAND

A.B.A./7938/2024 · 2025-01-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 7938 of 2024 Jamshed Ansari, aged about 43 years, son of Makdum Ansari, resident of village- Manjura, P.O. & P.S.- Kasmar, Dist.- Bokaro … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Ms. Pinki Kumari, Adv. For the State : Mr. Praful Jojo , Addl. PP. 03 / 10.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kasmar P.S. Case No. 31 of 2022 registered under Sections 302, 120B, 34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused and in furtherance of common intention with them, has committed murder of Manoj Kumar. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioner that allegation is that Manoj Kumar first assaulted the petitioner with an iron rod on his head by which, the petitioner sustained injury and thereafter, Aftab Ansari called Enul Ansari, Chhotu Ansari and Jahid Ansari and the three assaulted the deceased, Manoj Ansari. It is next submitted that there is no allegation of assault on Manoj Kumar by the petitioner. It is the next submitted that the father and mother of the deceased have not supported the case of prosecution rather they have categorically stated that they do not know how Manoj Kumar fell down in the well. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 20,000/- as cash security 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 JMFC, Bermo at Tenughat in connection with Kasmar P.S. Case No. 31 of 2022 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-