Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7927 of 2024
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1. Salman Khan
2. Irshad Khan @ Irshad Alam .... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Md. Zaid Ahmed, Advocate
: Ms. Ashna Khanam, Advocate
For the State
: Mr. Sanat Kr. Jha, Addl.P.P
For the Informant : Mr. Jawed Sultan, Advocate
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Order No.03 Dated- 03-01-2025
Heard the parties.
Apprehending their arrest in connection with Itki P.S. Case No.55 of 2024 instituted under Sections 191 (2) (3), 190, 127 (1), 352, 117 (2), 109 & 125 (A) (B) of the B.N.S., 2023, 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 were members of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Afroz Khan and Aftab Khan and the petitioner No.1 was assaulting the victims with the handle of the spade and the allegation against the petitioner no.2 is general and omnibus in nature. Drawing attention of this Court towards the rejection order of the anticipatory bail of the petitioners dated 26.11.2024 passed in A.B.P. No.2939 of 2024, learned counsel for the petitioners submits that it has been mentioned therein that the injuries sustained by the victims are simple in nature. It is also submitted that for the self-same occurrence, the petitioner No.2 also instituted Itki P.S. Case No.56 of 2024. It is also submitted that there was a free fight between the parties and the informant party was the aggressor party and the petitioners had no intention to kill anybody. 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 being assisted by the learned counsel for the informant 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 J.M.-X, Ranchi in connection with Itki P.S. Case No.55 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/