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2025 DAILYLAW 7653 (JHR)

MD SANAULLAH ALIAS SANAULLA v. THE STATE OF JHARKHAND

A.B.A./1590/2025 · 2025-03-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 1590 of 2025 Md. Sanaullah @ Sanaulla aged about 35 years, son of Late Kurban Ali, resident of village- Gumo, Ward No. 11, P.O.- Gumo, P.S.- Telaiya, District- Koderma. … Petitioner Versus 1. The State of Jharkhand 2. Asgari Khatun, wife of Kamal Uddin, resident of village- Chalkusha, P.O. & P.S.- Chalkusha, Distrcit- Hazaribagh … opp. parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Randhir Kumar , Adv. For the State : Ms. Mohua Palit, Addl.. PP 02 / 10.03.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 738 of 2022 registered under Sections 420 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons, cheated and committed dishonest mis- appropriation of money and forgery by ensuring that the co- accused Maksida Khatoon, sells a land to the complainant of which she was not the owner. It is then submitted that the allegations against the petitioner are all false and the petitioner is neither the seller nor a party to the sale deed. It is further submitted by learned counsel for the petitioner that there is inordinate delay in institution of the complaint and the dispute between the parties is at best a civil dispute. It is next submitted that the petitioner is ready to co- operate with the trial of the case and also undertakes to furnish sufficient security including cash security and he undertakes not to annoy or disturb the complainant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security 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 CJM, Koderma in connection with Complaint Case No. 738 of 2022 subject to the condition that the petitioner will not annoy or disturb the complainant in any manner during pendency of the case and will co-operate with the trial of the case under section 482 (2) of BNSS, 2023. (ANIL KUMAR CHOUDHARY, J.) Smita/-