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2025 DAILYLAW 30435 (JHR)

NESAR ANSARI v. THE STATE OF JHARKHAND

A.B.A./350/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.350 of 2025 ------ Nesar Ansari, aged about 19 years, Son of Alim Ansari, resident of Village: Ugra Sadak Toli, P.O: Korambe, PS: Dist.-Lohardaga .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Abdul Wahab, Advocate For the State : Mr. Rajesh Kumar, Addl.P.P ------ Order No.02 Dated- 24-01-2025 Heard the parties. Apprehending his arrest in connection with Ghaghra P.S. Case No.32 of 2024, corresponding to G.R. Case No.304 of 2024 instituted under 379 of the I.P.C., 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 committed theft of electric cable of about 1.35 K.M length. It is next submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that petitioner has been implicated in this case only on the basis of confessional statement of co-accused Enamul Ansari. It is further submitted that nothing has been recovered from the possession of the petitioner. It is further submitted that except the alleged confessional statement of the said co-accused, no other material is available in the record to implicate the petitioner in this case. Drawing attention of the Court learned counsel for the petitioner submits that petitioner has no criminal antecedent as mentioned in para-13 of the anticipatory bail application. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.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 depositing Rs.50,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla, in connection with Ghaghra P.S. Case No.32 of 2024, corresponding to G.R. Case No.304 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.) Rohit/