Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 30284 (JHR)

NASBUL HUSSAIN v. THE STATE OF JHARKHAND

A.B.A./8060/2024 · 2025-01-09

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8060 of 2024 ------ 1. Nasbul Hussain 2. Mumtaz Ansari @ Maula .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Aditya Banerjee, Advocate For the State : Ms. Mohua Palit, Addl.P.P ------ Order No.02 Dated- 09-01-2025 Heard the parties. Apprehending their arrest in connection with Petarbar P.S. Case No.53 of 2024 corresponding to G.R. No.337 of 2024 instituted under Sections 341, 323, 406 & 420 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners have cheated and committed criminal breach of trust by taking Rs.4,50,000/- from the informant for ensuring compassionate appointment of the informant in lieu of the service of his deceased father with Central Coalfields Limited (C.C.L.). It is submitted that the allegation against the petitioners is false. It is next submitted that there is absolutely no document to show entrustment of any money to the petitioners. It is further submitted that the petitioner has not taken any money form the informant nor signed any agreement and the petitioner never demanded any money from the informant. Drawing attention of this Court towards para-23 of the instant bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate 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 opposes 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 today 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 S.D.J.M., Bermo at Tenughat in connection with Petarbar P.S. Case No.53 of 2024 corresponding to G.R. No.337 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant or any of his family members in any manner 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/