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2025 DAILYLAW 39834 (JHR)

SAHMAD SEKH ALLIAS SAHMAD SHEKH v. THE STATE OF JHARKHAND

A.B.A./6667/2025 · 2025-11-26

Sanjay Kumar Dwivedi

body2025

Judgment text

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2025:JHHC:35321 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6667 of 2025 ---- Sahmad Sekh @ Sahmad Shekh aged about 32 years son of Nur Mohammad resident of Vill.& PO-Pandra, PS-Nirsa, District- Dhanbad, Jharkhand…Petitioner -- Versus -- The State of Jharkhand .... ……………… Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nitish Kr. Sahani, Advocate For the State :- Mr. Gautam Rakesh, Advocate ---- 2/26.11.2025 Heard learned counsels appearing for petitioner and for the State. 2. The petitioner is apprehending his arrest in connection with Chutia P.S. Case No. 146 of 2014 corresponding to G.R. No. 4093 of 2014, for the alleged offences under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi. 3. Learned counsel appearing for the petitioner submits that the petitioner has applied for recruitment in the Army for that Medical Fitness Certificate was issued by the Army Recruiting Office, Ranchi to the Military Hospital, Namkum. He submits that allegation is that the said fitness certificate was fake one. He further submits that only on the application of the petitioner, being a candidate, the Army officials have issued the said fitness certificate and co-accused persons have been granted anticipatory bail in ABA Nos.10292 of 2023 and 2825 of 2024. 4. Learned A.P.P. appearing for State has opposed the prayer on the ground that petitioner is one of the candidates for appointment in the Army. 5. Considering that in FIR, there is allegation that fake fitness certificate was issued by officials of Army and petitioner is only candidate for appointment in Army and in view of the attending facts and circumstances of the case and co-accused persons have been granted anticipatory bail as aforesaid, I am inclined to grant anticipatory bail to petitioner. 6. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class,Ranchi, in connection with Chutia P.S. Case No. 146 of 2014 corresponding to G.R. No. 4093 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C. ( Sanjay Kumar Dwivedi, J.) 26.11.2025 SI/