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2025 DAILYLAW 3711 (JHR)

MD SHAHJAHAN ALIAS MD SAHWAWJ v. THE STATE OF JHARKHAND

A.B.A./411/2024 · 2025-02-14

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.411 of 2024 ------ Md. Shahjahan @ Md. Sahnawj, aged about 20 years, son of Md. Sahul, resident of Village Nakta, P.O. Laxmipur, P.S. Basantrai, District Godda, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vinay Kr. Tiwary, Advocate For the State : Md. Azeemuddin, Addl.P.P. ------ Order No.06 Dated- 14/02/2025 Heard the parties. Apprehending his arrest in connection with Mahagama P.S. Case No.223 of 2023 instituted under Sections 323, 341, 448, 307, 379, 354(B) & 34 of Indian Penal Code, 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 in furtherance of common intention with the co-accused persons attempted to murder the victim-Rukaiya Khatoon. It is submitted that the allegation against the petitioner is false. It is next submitted that the main allegation of assault is upon Muzzafar Alam @ Mojaffar. It is next submitted that there is delay of about 3 days in lodging the FIR for which there is no explanation. It is next submitted that the informant is the Sister-in-Law (Gotni) of the sister of the petitioner. It is next submitted that the petitioner has no intention to kill anybody. It is next submitted that the co-accused person-Safina Khatoon @ Bibi Safina has been given the privileges of anticipatory bail by the co- ordinate bench of this Court vide order dated 14.05.2024 in A.B.A No.375 of 2024. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or victim or any of their family members in any manner during the pendency of the case. 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.10,000/- 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 J.M.-1st Class, Godda in connection with Mahagama P.S. Case No.223 of 2023 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 he will not annoy or disturb the informant or victim or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Abhiraj/