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2025 DAILYLAW 3197 (JHR)

MD. ASFAQ AHMAD v. THE STATE OF JHARKHAND

A.B.A./588/2025 · 2025-01-28

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. 588 of 2025 ------ Md. Asfaq Ahmad, aged about 30 years, son of Md. Ayaz Ahmad, resident of Bangali Tola, P.O. & P.S.-Sahibganj, Dist.- Sahibganj … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Gautam Kumar, Advocate : Mr. Ashutosh Kr. Sinha, Advocate : Mr. Pushpanjali Kumari, Advocate For the State : Mrs. Anuradha Sahay, Addl. P.P. ------ Order No.02 Dated- 28.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj (T) P.S. Case No.124 of 2022 registered under sections 147/148/149/323/353/307/504/506/295A/153A/120B of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being member of unlawful assembly, armed with deadly weapons were disturbing the idol immersion procession by abusing a particular community by playing obscene slogans and creating stampede by pelting stones, vandalizing the processions and not paying any heed to the advice of the police. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 19 of the anticipatory bail application and the petitioner did not hurt the religious feeling of any community. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 21.09.2023 in A.B.A. No.7287 of 2023. Hence, it is submitted that the petitioner be also 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sahibganj, in connection with Sahibganj (T) P.S. Case No.124 of 2022 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his 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-