MUMTAJ ANSARI ALIAS MUMTAZ v. THE STATE OF JHARKHAND
A.B.A./2015/2025 · 2025-03-27
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7150 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7150 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2015 of 2025
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1. Mumtaj Ansari @ Mumtaz, aged about 30 years,
2. Sahil Ansari @ Md. Sahil Ansari, aged about 22 years, Both sons of Md. Shahabuddin Ansari, Resident of Alkapuri, P.O.-Pachamba, P.S.-Giridih, Dist.-Giridih.
.... .... …. Petitioners
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Kamdeo Pandey, Advocate
For the State
: Mr. Shiv Shankar Kumar, Addl.P.P.
For the Informant : Mr. Abhay Kishore, Advocate
: Mr. Virendra Kumar, Advocate
: Mr. Manoj Kr. Singh, Advocate
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Order No.02 Dated- 27/03/2025
Heard the parties.
Apprehending their arrest in connection with Pachamba P.S. Case No.133 of 2024 instituted under Sections 115(2), 126(2), 64(2)(m), 70(i), 351(3), 3(5) of the B.N.S, 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners committed rape upon the informant. It is next submitted that the allegation against the petitioners is false. It is next submitted, drawing attention of this Court to the copy of the certified copy of the compromise petition filed by the parties in the Court of Additional Sessions Judge-V, Giridih in Pachamba P.S. Case No.133 of 2024 that therein it has categorically been mentioned that parties have amicably settled their dispute and informant does not want to proceed with the case. It is then submitted that there is a dispute regarding granting of loan and though the matter has been settled yet this false case has been foisted. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash
security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih in connection with Pachamba P.S. Case No.133 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Abhiraj/