Rahmat Ansari @ Md. Rahmat Ansari v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioners : Mr. Nisith Kr. Sahani, Advocate For the State : Mr. Rajendra Ram Ravi Das, A.P.P. Order No.04/ Dated:30.11.2022 Heard learned counsel for the parties. ….. Apprehending their arrest in connection with Doranda P.S. Case No. 85 of 2022 instituted under Sections 341/ 323/ 307/ 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail. As per F.I.R., on 14.02.2022, at around 4.00 p.m., petitioner no. 3 came to the informant’s house and threatened him. It is alleged that on the same day about 7.00 p.m, while the informant was sleeping, all the accused persons entered into the house and started assaulting him with iron rod. It is further alleged that the informant sustained grievous injuries in the alleged incident and blood was oozing out from his head. Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case due to previous family dispute.

A counter case is also lodged against the informant. No specific overt act has been attributed against the petitioners and no role against the petitioners has been assigned. It is lastly submitted that the petitioners undertakes to co- operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. It appears that the informant has sustained severe head injuries and 17 stretches were found on the head of the injured as is mentioned in the impugned order. Case and counter case is admitted, therefore, presence and involvement of the present petitioners cannot be doubted. Considering the direct and specific allegations against petitioner no.

1, Rahmat Ansari @ Md. Rahmat Ansari and petitioner no. 2, Samir @ Md. Samir @ Lallu, their prayer for anticipatory bail stands rejected. Petitioner nos. 1 & 2 are directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order. So far as petitioner no. 3, Manir @ Md. Manir @ Belu is concerned, no role has been attributed against him in the said occurrence, hence, petitioner no. 3, Manir @ Md. Manir @ Belu is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Doranda P.S. Case No. 85 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. R.K (Pradeep Kumar Srivastava, J.)