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Basir Ansari @ Wasir Ansari And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 4 September 2023 · Citation: (2023) 09 JH CK 0003

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 149, 307, 323, 325, 341, 342, 452, 504, 506, 509 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 4247 Of 2023
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Judgment

6 paragraphs · 346 words

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest in connection with Bishrampur P.S. Case No.60 of 2022 instituted under Sections 147, 149, 341, 342, 323, 325, 307, 452, 509, 504, 506 of the Indian Penal Code, 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 being the members of an unlawful assembly; being armed with deadly weapons attempted to murder the members of the informant party. It is submitted that the allegation against the petitioners is false. It is next submitted that there was a free-fight between the parties and the informant party was the aggressor party. It is further submitted that there is no allegation of any injury having been sustained by any of the victims. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. 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 furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Palamau at Daltonganj in connection with Bishrampur P.S. Case No.60 of 2022 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.