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2025 DAILYLAW 30593 (JHR)

MD HAFIJ ANSARI v. THE STATE OF JHARKHAND

A.B.A./51/2025 · 2025-01-17

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 51 of 2025 ------ 1. Md. Hafij Ansari, aged about 48 years old, son of Md. Alam Ansari, resident of Village –Chakla, Irba, Post Office and Police Station –Ormanjhi, District –Ranchi 2. Sakiman Nisa, aged about 68 years old, wife of Taharat Ansari, daughter of late Shekh Alaudin, resident of Village –Irba, Post Office and Police Station –Ormanjhi, District – Ranchi. … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Haider Ali, Advocate For the State : Mr. Someshwar Roy, Addl. P.P. ------ Order No.02 Dated- 17.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ormanjhi P.S. Case No.100 of 2024 registered under sections 406/ 420/467/468/471/34 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the co-accused persons namely Ahmad Ali, Md.Taslim Ansari and Samsul Ansari fraudulently induced the informant to deliver Rs.1,30,00,000/- and the only allegation against the petitioners is that the petitioners have executed a power of attorney in favour of Samsul Ansari and thereafter Samsul Ansari got the sale deed registered in favour of the informant and when the informant enquired about the same, the informant found that the land has been sold to someone else. It is further submitted that the allegations against the petitioners are all false and there is no allegation of entrustment of any money to the petitioners nor there is any allegation against the petitioner of cheating or dishonestly inducing anybody. It is then submitted that there is no allegation against the petitioners of committing any forgery and the main allegation is against the co-accused persons namely Ahmad Ali, Md.Taslim Ansari and Samsul Ansari. It is next submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi, in connection with Ormanjhi P.S. Case No.100 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-