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2025 DAILYLAW 5634 (JHR)

KALIMUDDIN ANSARI ALIAS KALIM ANSARI v. THE STATE OF JHARKHAND

A.B.A./1037/2025 · 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. 1037 of 2025 ------ Kalimuddin Ansari @ Kalim Ansari, aged about 29 years, son of Kasim Ansari, Resident of Baghmara, P.O. and P.S. – Baliapur, District –Dhanbad, State –Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Neeharika Mazumdar, Advocate For the State : Mrs. Ruby Pandey, Addl. P.P. ------ Order No.02 Dated- 14.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa (Kalubathan O.P.) P.S. Case No.349 of 2024 registered under sections 309 (4) of the B.N.S., 2023. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed robbery. It is further submitted that the allegations against the petitioner are all false and the petitioner has no criminal antecedent as has been mentioned in para-11 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and waives his right to be put on Test Identification Parade and undertakes that he will not question his identification by the witnesses in court during the trial on the ground that he was not put to Test Identification Parade. Hence, it is submitted that the petitioner be 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.40,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Dhanbad, in connection with Nirsa (Kalubathan O.P.) P.S. Case No.349 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not question his identification during the trial on the ground that he was not put to Test Identification Parade subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-