TAHJEEB ALIAS MD TAHJEEB SHEKH v. THE STATE OF JHARKHAND
A.B.A./1989/2025 · 2025-03-26
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9347 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9347 (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. 1989 of 2025
------ Tahjeeb @ Md. Tahjeeb Shekh, Son of Md. Iphatekhar Shekh, aged about 21 years, resident of Bisanpur, P.O. & P.S. – Pachamba, District –Giridih.
… Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Prabhat Kr. Sinha, Advocate For the State
: Ms. Bandana Sinha, Addl. P.P. ------
Order No.02 Dated- 26.03.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pachamba P.S. Case No.130 of 2023 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 325, 307, 354A, 354D, 379, 452, 506 & 509 of the Indian Penal Code and under Section 8 of the POCSO Act. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed sexual assault upon the informant who happens to be a student of Class –IX and trespassed to the house of the informant and attempted to murder the family members of the informant. It is further submitted that the allegations against the petitioner are all false. It is next submitted by the learned counsel for the petitioner that a compromise has been effected to between the parties and in this connection, the learned counsel for the petitioner draws the attention of this Court to the copy of the certified copy of the petition filed in the court of Additional Sessions Judge –VIII, Giridih in connection with Pachamba P.S. Case No. 130 of 2023 wherein it has been categorically mentioned that the parties have settled the matter outside the court. It is further submitted that the petitioner was not named in the F.I.R. but in her subsequent statement, the informant has implicated the petitioner instead of Dilshad. It is next submitted
that the petitioner has no criminal antecedent as has been mentioned in para-16 of the instant anticipatory bail application. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. 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 furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Giridih, in connection with Pachamba P.S. Case No.130 of 2023 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 subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-