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2025 DAILYLAW 5686 (JHR)

MUSTAQUE ANSARI v. THE STATE OF JHARKHAND

A.B.A./1069/2025 · 2025-02-19

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1069 of 2025 ------ Mustaque Ansari aged about 50 years, son of Late Subhan Ansari, resident Thana Toli, P.O., P.S. & District- Lohardaga .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Jamil Ahmed son of Late Maru Miyan, r/o village Serenghatu Torar, P.S. Senha, P.O. Juriya, District- Lohardaga .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajesh Kr. Mahtha, Advocate For the State : Ms. Shweta Singh, Addl. P.P ------ Order No.02 Dated- 19-02-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.21 of 2022 instituted under Sections 467, 468, 420, 120B of the 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 criminal conspiracy with the co-accused persons, has committed cheating and forgery. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is alleged to be a witness in a sale-deed and the complainant claims to be the owner of the said land; in respect of which the said sale-deed was executed. It is further submitted that there is no allegation that the vendor of the sale-deed has impersonated for anybody. It is also submitted that the dispute between the parties is basically a civil dispute. It is then submitted that in Partition Suit No.01 of 2013, the complainant being examined as P.W.1, in para-17 acknowledged that, the disputed land was sold by the ancestor of the complainant to the defendant Nos.14 to 21 of that suit. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case. 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lohardaga in connection with Complaint Case No.21 of 2022 with the condition that he will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Animesh/