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2017 DIGILAW 1359 (JHR)

Imitiyaz Ansari, son of late Shamim Ansari v. State of Jharkhand

2017-08-04

SHREE CHANDRASHEKHAR

body2017
JUDGMENT : 1. Heard the learned counsels appearing for the parties and perused the documents on record. 2. In B.A. No. 5372 of 2017, Mr. Ravi Prakash, the learned counsel appears for the petitioner. 3. In B.A. No. 5596 of 2017, Mr. B. M. Tripaty, the learned Senior counsel assisted by Mr. Naveen Kumar Jaiswal, the learned counsel appear for the petitioner. 4. In B.A. No. 5642 of 2017, Mr. Anupam Anand, the learned counsel appears for the petitioner. 5. In B.A. No. 5683 of 2017, Mr. R. S. Mazumdar, the learned Senior counsel assisted by Mr. Nishant Kumar Roy, the learned counsel appear for the petitioners. And, in B.A. No. 5880 of 2017, Mr. S.K. Upadhyay, the learned counsel appears for the petitioner. 6. All these bail applications arise out of Sadar P.S. Case No. 272 of 2017 which was registered on 03.06.2017 for offences under Sections 147/148/149/323/324/307/427/ 295/120B I.P.C. and now, charge-sheet has been filed against these six accused persons for committing the aforesaid offences. 7. The learned A.P.Ps, referring to various paragraphs in the case-diary, have opposed the prayer for grant of bail, submitting that one 5 year old girl child has suffered grievous head injury. 8. The allegations in the written report of one Ramdhan Sahu disclose that 37 named accused persons with 300 350 unknown persons attacked the Barat party, in which 8 persons have suffered injuries; one Somya Kumari aged about 5 years has suffered grievous injury. The injured were admitted in RIMS and MEDICA, Ranchi. It is stated that another First Information Report being Sadar P.S. Case No. 273 of 2017 was lodged on 03.06.2017 for offences under Sections 147, 148, 149, 295, 427, 504 and 354 I.P.C. In this First Information Report 42 persons have been named along with 4050 unknown persons who tried to inflame communal disharmony by forming an unlawful assembly. Allegation against one person is that he shared one objectionable picture on the face-book. It is stated that there was case and counter-case between people of two communities. The incident, thus, appears to have been admitted. In the instant case there is allegation of destruction of properties and religious places also. Petitioner in B.A. No. 5372 of 2017 claims that he is a businessman. Petitioner in B.A. No. 5596 of 2017 is Chief Drought's Man under C.M.P.D.I. Petitioner no. The incident, thus, appears to have been admitted. In the instant case there is allegation of destruction of properties and religious places also. Petitioner in B.A. No. 5372 of 2017 claims that he is a businessman. Petitioner in B.A. No. 5596 of 2017 is Chief Drought's Man under C.M.P.D.I. Petitioner no. 1 in B.A. No. 5683 of 2017 is a student of Bachelor of Arts (Urdu) and petitioner no.2 is a young person aged about 25 years having Cardiac problem. All the petitioners are in judicial custody since 04.06.2017. It is contended that there is no specific overt act attributed to any of the petitioners. 9. It is stated that to restore peace and harmony amongst both the communities Peace Committee has been constituted at the instance of the local administration. In the above facts, I am of the opinion that service to the society by the accused persons would not only be appreciated by both the communities, it would give some solace to the injured persons also. Accordingly, having regard to the facts and circumstances of the case, the petitioners above-named namely, (i) Imitiyaz Ansari in B.A. No. 5372 of 2017, (ii) Mojibul Rahman @ Mujibur Rahman in B.A. No. 5596 of 2017, (iii) Shakiruddin in B.A. No. 5642 of 2017, (iv) Firoz Alam and Md Aman in B.A. No. 5683 of 2017, and (v) Sahid Alam in B.A. No. 5880 of 2017 are directed to be released on Provisional bail on, each one furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Ranchi in connection with Sadar P.S. Case No. 272 of 2017 corresponding to G.R. No. 2811 of 2017, on the following conditions: (i) they shall appear before the trial Court regularly, but for special circumstances, (ii) they shall not change their place of residence without prior permission of the Court, (iii) they shall deposit Rs. 15,000/- each in the trial Court, out of which Rs. 20,000/- shall be given to Somya Kumari and other seven injured persons shall be given Rs. 10,000/- each, and (iv) they shall report on 03.10.2017 and 6.11.2017 before the Superintendent, RIMS, Ranchi at 8:30 a.m who upon proper identification of these persons shall depute them for traffic management at the Main Gate or for managing the patients at OPDs, for three hours. 10,000/- each, and (iv) they shall report on 03.10.2017 and 6.11.2017 before the Superintendent, RIMS, Ranchi at 8:30 a.m who upon proper identification of these persons shall depute them for traffic management at the Main Gate or for managing the patients at OPDs, for three hours. A report shall be submitted by the Superintendent, RIMS to the investigating officer, who shall file an affidavit on the conduct of the petitioners, before the next date of hearing. Post all these matters on 14.12.2017. 10. Let a copy of this order be transmitted to the trial Court through FAX. 11. Let a copy of this order be sent to Superintendent, RIMS, Ranchi and Senior Superintendent of Police, Ranchi, for compliance.