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2025 DAILYLAW 5243 (JHR)

RAMESHI CHAUDHARY v. THE STATE OF JHARKHAND

A.B.A./1405/2025 · 2025-03-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1405 of 2025 ------ 1. Rameshi Chaudhary, aged about 34 years, son of Saguni Chaudhari, resident of Ward 06, 2. Surendra Chaudhary, aged about 34 years, son of Bihari Chaudhary, resident of Ward 05 3. Devkumar Chaudhary @ Rajkumar Chaudhary @ Jay Kumar Chaudhary, aged about 36 years, son of Hari Chaudhary 4. Kundan Chaudhary, aged about 63 years, son of late Govind Chaudhary All resident of Village-Rejo, P.O.-Bana, P.S.-Meral, Dist.- Garhwa … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Hadish Ansari, Advocate For the State : Mrs. Sushma Aind, Addl. P.P. ------ Order No.02 Dated- 03.03.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Meral P.S. Case No.117 of 2024 registered for the offences punishable under sections 147/148/149/341/323/353/186/332 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that petitioners were members of unlawful assembly and in prosecution of the common object of the assembly used criminal force against the public servant-police personnel deterring them from discharging their duties and forcibly took away the tractors apprehended by the police. It is further submitted that the allegations against the petitioners are all false and the petitioners are not the owner or driver of the tractors in question. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 13 of the anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake 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 a coordinate Bench of this Court vide order dated 09.12.2024 in A.B.A. No.7454 of 2024. Hence, it is submitted that the petitioners 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs. 10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Garhwa, in connection with Meral P.S. Case No.117 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers 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-