KUTUBUDDIN ANSARI ALIAS KUTUBUDDIN v. THE STATE OF JHARKHAND
A.B.A./982/2025 · 2025-02-13
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30791 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30791 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.982 of 2025
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1. Kutubuddin Ansari @ Kutubuddin, aged about 60 years, son of Abdul Sakur Ansari, resident of Village Kushdand, P.O. Adhaura, P.S. Nagar Untari, District Garhwa (Jharkhand)
2. Shamim Ansari, aged about 44 years, son of Md. Islamuddin Ansari, resident of Village Kushdand, P.O. Adhaura, P.S. Nagar Untari, District Garhwa (Jharkhand)
.... .... …. 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 : Mr. Sanjay Kr. Pandey, Advocate
For the State
: Mr. Bishwambhar Shastri, Addl.P.P
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Order No.02 Dated-13-02-2025
Heard the parties.
Apprehending their arrest in connection with Complaint (C.F.). Case No.2169 of 2015 instituted under Section 33 (1)(c) of the Indian Forest Act, 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 encroached upon the forest land and constructed boundary wall. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has no concern with the house. It is further submitted that the petitioner undertakes to demolish the boundary wall constructed over the encroached forest land and to furnish a certificate in this respect issued by the complainant. It is also submitted that the petitioners undertake not to enter into the forest area during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case. 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 furnishing a certificate issued by the complainant that he has demolished the boundary wall constructed over the encroached forest land 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 ACJM, Nagar Untari in connection with Complaint (C.F.). Case No.2169 of 2015 with the condition that he will co-operate with the trial of the case and they undertake that they will not enter into the forest area 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.) Saroj/