REHAN SHEIKH ALIAS RAIHAN SHEIKH ALIAS RAIHAN ALI v. THE STATE OF JHARKHAND
A.B.A./2240/2025 · 2025-04-25
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4811 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4811 (JHR) · dailylaw.ai ]
Judgment text
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[2025:JHHC:12469] IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2240 of 2025
------ Rehan Sheikh @ Raihan Sheikh @ Raihan Ali, Aged about – 30 Years, S/o – Jalauddin Sheikh, Resident of village – Siraseen, P.O. & P.S.- Barharwa, District- Sahebganj
… Petitioner
Versus The State of Jharkhand
… Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rakesh Kumar Gupta, Advocate For the State
: Mr. Shree Prakash Jha, Addl.P.P.
------
Order No:-07 Dated:-25-04-2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Barharwa P.S. Case No.71 of 2023 registered under Sections 406, 409, 466, 467, 468, 506, 120B of Indian Penal Code.
This is the second journey of the petitioner for grant of anticipatory bail. Earlier the prayer for anticipatory bail application of the petitioner was rejected as not pressed vide order dated 17.10.2023 passed in A.B.A. No.7045 of 2023; as the petitioner was already taken into custody.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons has torn page No.130 of Volume-I of Register-II of Barharwa Circle Office and demanding extortion of Rs.5,00,000/- to return the page torn by the co-accused petitioner No.1. namely Karim Ansari. It is next submitted that the allegation against the petitioner is false. It is then submitted that the co-accused persons, who has no criminal antecedent, has been granted the privileges of anticipatory bail by this Court vide order dated 17.10.2023 passed in A.B.A. No.7045 of 2023. It is then submitted that prior to lodging the FIR, the co- accused namely Murshed Sheikh also lodged Barharwa P.S. Case No.53 of 2023 against the Karmchari & Others and thereafter, as a counterblast, this false case
has been foisted against the petitioner. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner is not co-operating with the investigation of the case and is absconding. It is next submitted that knowing pretty well that this case was pending against him and also knowing that he was in custody in connection with Barharwa P.S. Case No.98 of 2023 involving serious offences inter alia punishable under Sections 365 and 366 of the Indian Penal Code, the petitioner did not intimate the court concerned, in which this case is pending, that he is in custody in connection with some other case and has never made any effort for his being remanded in connection with this case. It is next submitted that in view of the serious nature of allegation against the petitioner, custodial interrogation of the petitioner is required during the investigation of the case. Hence, it is submitted that the petitioner ought not to be given the privilege of the anticipatory bail. Considering the serious nature of allegation against the petitioner, his criminal antecedent as well as the fact that the petitioner is not co-operating with the investigation of this case, this Court is of the considered view that this is not a fit case where the above name petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for anticipatory bail of the above named petitioner is rejected.
(Anil Kumar Choudhary, J.) Saroj/