Noshad Ansari @ Naushad Alam vs The State Of Jharkhand
2021 Latest Caselaw 201 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              B.A. No. 11027 of 2020
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Noshad Ansari @ Naushad Alam ... Petitioner Versus The State of Jharkhand ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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    For the Petitioner         : Mr. N.P. Choudhary, Advocate
    For the State              : Mrs. A. Sahay, Addl. P.P.
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    Order No.02 Dated- 14.01.2021

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Narayanpur P.S. Case No.46 of 2017 (G.R. No.261 of 2017) registered under sections 395/412 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in dacoity. It is further submitted that the allegations against the petitioner are all false and the petitioner is not named in the FIR and he has been implicated in this case only on the basis of confessional statement of co-accused- Mahesh Mallah. It is then submitted drawing attention of this Court to Annexure-2 which is a copy of a judgment of Sessions Trial No.109 of 2017 passed by the Sessions Judge, Jamtara dated 18.12.2017 that the co-accused- Mahesh Mallah and Anwar Khan have been acquitted in this case. It is next submitted that the petitioner has been in custody since 03.07.2020 as has been mentioned in paragraph no. 10 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to 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 S.D.J.M., Jamtara, in connection with Narayanpur P.S. Case No.46 of 2017 (G.R. No.261 of 2017) with the condition that the petitioner will cooperate with the trial of the case.

(Anil Kumar Choudhary, J.) Sonu-Gunjan/