Tony @ Md. Tanwir, son of Md. Hasan v. State of Jharkhand
2025-05-09
SANJAY KUMAR DWIVEDI
body2025
DigiLaw.ai
JUDGMENT : (Sanjay Kumar Dwivedi, J.) Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent State. 2. The petitioner is apprehending his arrest in connection with Borio (J) P.S. Case No.188 of 2023, for the alleged offence registered under Sections 414/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Sahibganj. 3. Learned counsel appearing for the petitioner submits that the petitioner has earlier moved before this Court in A.B.A. No.58 of 2024, however, the same was dismissed by the order dated 04.03.2024 on the submission of learned counsel appearing for the respondent State that the petitioner is having the criminal antecedent. He further submits that however that was erroneously made and there is no criminal antecedent and in view of that the present petition has been filed. He then submits that the counter affidavit was called upon by the State and the State has filed the counter affidavit wherein Annexure-A of the counter affidavit it is disclosed that there is no criminal antecedent against the petitioner. 4. Learned counsel appearing for the respondent State submits that the said was rejected on the ground of criminal antecedent against the petitioner, however in the counter affidavit filed in the present petition it has been stated that there is no criminal antecedent. 5. In view of the above and considering that earlier anticipatory bail was rejected only on the ground that there is criminal antecedent against the petitioner, however in the counter affidavit filed in the present petition it has been stated that there is no criminal antecedent and only the petitioner has involved in the present case and the co-accused has been granted the privilege of anticipatory bail on the same ground in A.B.A. No.582 of 2025 and in view of that the Court finds that the case of anticipatory bail is made out. 6 . In view of the attending facts and circumstances of the case, I am inclined to provide privilege of anticipatory bail to the petitioner. 7.
6 . In view of the attending facts and circumstances of the case, I am inclined to provide privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall 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 Chief Judicial Magistrate, Sahibganj, in connection with Borio (J) P.S. Case No.188 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure corresponding to Section 484 of Bharatiya Nagarik Suraksha Sanhita, 2023.