Md. Asif Ansari v. The State of Jharkhand
Case at a glance
Outcome
Bail refused
anticipatory bail is rejected
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 323, 324, 325, 326, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 55. Considering that injury has been received by the son of the informant and petitioner no.1 and petitioner no.3, were armed with rod and injury is there, I am not inclined to grant anticipatory bail to the petitioner no.1- Md. Asif Ansari and petitioner no.3-Samir.…
- Para 66. So far prayer for anticipatory bail on behalf of petitioners. 2, 4 and 5 are concerned, they were only standing there with danda, I am inclined to grant anticipatory bail to the petitioner nos. 2, 4 and 5. Accordingly, the petitioner nos. 2, 4…
Judgment
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners For the State :Mr. Sandip Kr. Burnwal, Advocate :Mrs. Nehala Sharmin, Spl. P.P. 04/ 05.03.2024: Heard learned counsel for the petitioners and learned ------ counsel for the State.
The petitioners are apprehending their arrest in connection with Govindpur P.S. Case No. 339 of 2023, registered under Sections 147, 148, 149, 323, 324, 325, 326, 506 of the I.P.C., pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.
Learned counsel for the petitioners submits that the petitioners are innocent and due to family dispute the said occurrence took place. He further submits that the informant has compromised the case out of the court.
Learned counsels for the State submits that so far petitioner no.1- Md. Asif Ansari and petitioner no.3-Samir Ansari are concerned, they were present with rod and allegations against the other petitioners are that they were standing with danda.
Operative part
Considering that injury has been received by the son of the informant and petitioner no.1 and petitioner no.3, were armed with rod and injury is there, I am not inclined to grant anticipatory bail to the petitioner no.1- Md. Asif Ansari and petitioner no.3-Samir. Accordingly, their prayer for anticipatory bail is rejected.
So far prayer for anticipatory bail on behalf of petitioners. 2, 4 and 5 are concerned, they were only standing there with danda, I am inclined to grant anticipatory bail to the petitioner nos. 2, 4 and 5. Accordingly, the petitioner nos. 2, 4 and 5 namely, Shakila Bibi, Muniya Bibi and Raushan Khatoon @ Guriya Bibi @ Roashan Khatoon, are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioner nos. 2, 4 and 5 shall be 2 released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand)each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, Ist Class, Dhanbad, in connection with Govindpur P.S. Case No. 339 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner nos. 2, 4 and 5 will not change their mobile number which is indicated in their Aadhar. satyarthi- ( Sanjay Kumar Dwivedi, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: anticipatory bail is rejected
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 147, 148, 149, 323, 324, 325, 326, 506; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.