Sirajuddin Ansari And Ors vs State of Jharkhand

Anil Kumar Choudhary, J

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Saria P.S. Case No.116 of 2019 registered under sections 147/148/ 149/341/323/324/325/379 of the Indian Penal Code.

Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were member of an unlawful assembly and in prosecution of common object of the assembly they inter-alia committed theft cash of Rs.15,000/- and gold worth of Rs.18,000/- and assaulted and caused injuries to Dinesh Singh, Kaili Khaoon, Halil Ansari, Anil Sao, Hadis Ansari, Podma Devi, Sadik Ansari, Safiran Khatoon, Ruksana Khatoon and Mustakim Ansari. It is further submitted that the allegation against the petitioners are all false and for the selfsame occurrence from the side of the petitioners, the mother of the petitioner no.3 lodged Saria P.S. Case No.115 of 2019 and as a counter blast, this false case has been foisted and there was free fight between the parties. It is next submitted that the petitioners are ready and willing to jointly pay Rs. 40,000/- i.e. Rs.4000/- each to each of the victims as ad interim victim compensation without prejudice to their in this case and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners 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 above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on jointly depositing ten separate demand drafts of Rs. 4000/-each in favour of each of the victims namely Dinesh Singh, Kaili Khaoon, Halil Ansari, Anil Sao, Hadis Ansari, Podma Devi, Sadik Ansari, Safiran Khatoon, Ruksana Khatoon and Mustakim Ansari as ad interim victim compensation and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih, in connection with Saria P.S. Case No.116 of 2019 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the victims and hand over the said demand draft to them, after proper identification.