Dhusku Ansari @ Irfan Ansari vs The State Of Jharkhand
2021 Latest Caselaw 1350 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Appeal (S.J.) No. 527 of 2020

     1.Dhusku Ansari @ Irfan Ansari
     2.Babar Ansari
     3.Musahid Ansari @ Mushaid Ansari
                                                       ....    Appellants

                           Versus
    1. The State of Jharkhand
    2. Batiyan Orain                   ......    Respondents
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Appellant :Mr. Mohammad Asghar, Advocate For the State :Mr. V. Pradhan, A.P.P For Resp No.2 :Mr Manoj Prasad, Advocate

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06/Dated: 17.03.2021

1. The appeal is directed against the judgment dated 17.07.2020 passed by learned AJC-VII cum- Special Judge, SC/ST Ranchi, whereby the prayer for grant of anticipatory bail to the appellants has been rejected in Kanke P.S. Case No.230 of 2019 registered under Sections 420, 504, 506, 120B read with Section 34 of Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the appellants and the vehement objection raised by the counsel for respondent No.2 and learned APP. It is alleged in the FIR that one Bhanu Oraon was set up by some persons, who impersonated himself as the son of the complainant/informant and executed two sale deeds in favour of accused Kasmos Damian Lakra and Chonhas Ekka. It is alleged that said Bhanu Oraon executed a sale agreement for 2.77 acres of land in favour of land brokers, and the appellants are the land brokers who were constructing the building on the land and when respondent No.2 and her son-in-law objected to the aforesaid illegal construction then the appellants abused them by their caste name.

It transpires from the FIR that occurrence took place due to sale and transfer of land belonging to the complainant by a fictitious person. The allegation of abusing respondent No.2 and her son-in-law by their caste name is omnibus in nature.

Having regard to the facts and circumstances of the case, the appellants are directed to surrender in the court below within four weeks from the date of receipt/production of copy of this order and in the event of their arrest or surrender they shall be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) each with two sureties of like amount each to the satisfaction of the learned AJC-VII- cum- Special Judge, SC/ST Ranchi, in connection with Kanke P.S. Case No.230 of 2019 on the condition as laid down under Section 438(2) Cr.P.C.

Accordingly, the appeal is, hereby, allowed.

(AMITAV K. GUPTA, J.)

Tarun/