Md. Asif @ Md. Ashif vs The State Of Jharkhand
2022 Latest Caselaw 2492 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           A.B.A. No.3899 of 2022
                              ------

       Md. Asif @ Md. Ashif              ....     ....   ....    Petitioner
                                                         Versus
       The State of Jharkhand                     ....   ....  ....Opposite Party
                                         ------

Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

------

For the Petitioner : Mr. S.M. Mudassar Nazar, Advocate For the State : Mr. Naveen Kr. Gaunjhu, Addl.P.P

------

Order No.02 Dated- 07.07.2022 Heard learned counsel for the petitioner and learned Addl. P.P. for the State.

Apprehending his arrest in connection with Chaibasa (Mufassil) P.S. Case No. 123 of 2018 (G.R. No.467 of 2018) instituted under Sections 379 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

It is alleged that while informant's wife was walking, one motorcyclist came to her and asked about a boy namely Kishor in the meantime, he suddenly snatched her gold chain from her neck and fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in F.I.R. It is next submitted that he has been falsely implicated in this case on the basis of confessional statement of co-accused person namely Md. Tabrej and he has stated that he has given the stolen gold chain to this present petitioner. It is further submitted that the co-accused Md. Tabrej has faced the trial of the case and has been acquitted from charged vide judgment dated 23.09.2019 passed in G.R. Case No.467 of 2018. From the impugned order, it appears that the petitioner was in custody in Seraikela P.S. Case No.84 of 2018 but he was never remanded in this case and in above case also he is on bail and after release on bail in the above case, police is searching petitioner for arrest in this case. In case of his arrest, prestige and reputation of the petitioner shall be ruined. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be extended the privilege of anticipatory bail.

Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submitted that custodial interrogation of petitioner is required in this case. Hence, petitioner may not be extended privilege of anticipatory bail.

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court 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/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Chaibasa in connection with Chaibasa (Mufassil) P.S. Case No. 123 of 2018 (G.R. No.467 of 2018) 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.

(Pradeep Kumar Srivastava, J.) Pappu/