ASHU KUMAR ALIAS ASHU BALMIKI v. THE STATE OF JHARKHAND
A.B.A./5039/2025 · 2025-10-07
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35309 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35309 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:30943
--1-- A.B.A. No. 5039 of 2025
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 5039 of 2025
---- Ashu Kumar @ Ashu Balmiki, aged about 22 years, son of Mohan Ram, resident of village – Rudiya, PO – Neori Vikas, PS – Sadar, District - Ranchi
.... Petitioner -- Versus --
The State of Jharkhand
.... Opposite Party
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Sushant Kr. Sinha, Advocate
For the State
:- Mr. V.S. Sahay, Advocate
For the Informant :- Mr. Amritansh Vats, Advocate
:- Ms. Amartya Choubey, Advocate
---- 05/07.10.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the Informant.
2. The petitioner is apprehending his arrest in connection with Bariyatu P.S. Case No.149 of 2025 for the alleged offences registered under Sections 352, 118(1), 134, 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Judicial Magistrate, Ranchi.
3.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he has committed no crime. According to him the petitioner was not present at the place of occurrence rather he went to the place of incident to attend a birthday function with his friend and the informant party instigated the assault upon the petitioner and his friend in which the petitioner also sustained some injuries. On these backgrounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.
2025:JHHC:30943
--2-- A.B.A. No. 5039 of 2025
4.
Learned counsel for the State opposes the prayer and submits that informant has identified the present petitioner and one another person Krishna Karmali who have brutally assaulted the informant. The anticipatory bail of Krishna Karmali is already rejected.
5.
Learned counsel for the informant vehemently opposes the prayer and submits that informant has received grievous injury. He submits that informant was examined in RIMS wherein it has been opined that there is laceration over left eyebrow and abrasion over RT forehead and bruise which has also come in the case diary. He further submits that in identical situation anticipatory bail application of co- accused has been rejected by this Court in ABA No.4233 of 2025
6. It has been pointed out that informant is a law student and petitioner along with others were quarreling in banquet hall and informant has tried to pacify those persons and pursuant to that the petitioner has assaulted the informant brutally and thereafter he has received aforesaid injury and in identical situation anticipatory bail application of co-accused has been rejected by this Court in ABA No.4233 of 2025.
7. In view of above facts, I do not think proper to provide privilege of anticipatory bail to the petitioner. Accordingly, his prayer for bail is hereby rejected.
(Sanjay Kumar Dwivedi, J.) Dated 07.10.2025 Sangam/