Ijhar Alam vs State Of Bihar on 21 January, 2025

Supreme Court – Daily Orders

Ijhar Alam vs State Of Bihar on 21 January, 2025

Author: Sanjay Kumar

Bench: Sanjay Kumar

                                           IN THE SUPREME COURT OF INDIA

                                         CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPEAL NO.       OF 2025
                                  (arising out of SLP(Crl.) No. 8696 of 2024)


     IJHAR ALAM                                                            .....     APPELLANT(S)

                                                   VERSUS

     STATE OF BIHAR & ANR.                                                 .....     RESPONDENT(S)



                                                     O R D E R

Leave granted.

By order dated 09.08.2024, while issuing notice in the

present appeal by special leave, we had granted interim protection

to the appellant, Ijhar Alam. We had also directed that the

proceedings under Section 82 of the Code of Criminal Procedure,

1973, shall remain stayed.

The case made out by the appellant, Ijhar Alam, is that this

is a case of consent. He relies upon the Call Detail Records (CDR)

which indicate that there were a numbers of calls made inter se the

appellant, Ijhar Alam, and respondent No. 2, the informant/alleged

victim.

Keeping in view the facts and circumstances of the present

case, we accept the present appeal, confirm the interim order and

direct that, in the event of the appellant, Ijhar Alam, being
Signature Not Verified

arrested in connection with First Information Report No. 268/2023
Digitally signed by
Deepak Guglani
Date: 2025.01.22
15:24:37 IST
Reason:
dated 28.06.2023 registered with Police Station – Raniganj,

Crl.A @ SLP(Crl.) No. 8696/2024 1
District – Arariya, Bihar, for the offence(s) punishable under

Sections 452 and 376 of the Indian Penal Code, 1860, he shall be

released on bail by the arresting/investigating officer/trial court

on terms and conditions to be fixed by the trial court.

In addition, the appellant, Ijhar Alam, shall comply with the

conditions mentioned in Section 438(2) of the Code of Criminal

Procedure, 1973. He shall provide one mobile number on which he

can be contacted by the police officers to ascertain his

whereabouts while on bail.

The appellant, Ijhar Alam, will not get in touch with the

informant/victim or her family members.

Recording the aforesaid, the impugned judgment is set aside

and the appeal is allowed. Proceedings against the appellant,

Ijhar Alam, under Section 82 of the Cr.P.C. shall be treated as

quashed.

We clarify that the observations made in this order are for

grant of anticipatory bail and will not be read as an expression of

opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.

………………CJI.

(SANJIV KHANNA)

………………J.
(SANJAY KUMAR)

………………J.
(K.V. VISWANATHAN)
NEW DELHI;

JANUARY 21, 2025.

Crl.A @ SLP(Crl.) No. 8696/2024 2

ITEM NO.2                            COURT NO.1                          SECTION II-A

                        S U P R E M E C O U R T O F             I N D I A
                                RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No. 8696/2024

[Arising out of impugned final judgment and order dated 07-03-2024
in CRM No. 83824/2023 passed by the High Court of Judicature at
Patna]

IJHAR ALAM Petitioner(s)

VERSUS

STATE OF BIHAR & ANR. Respondent(s)

(IA No. 142816/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 142817/2024 – EXEMPTION FROM FILING O.T.

Date : 21-01-2025 This matter was called on for hearing today.

CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE SANJAY KUMAR
HON’BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) : Mr. Nirnimesh Dube, AOR

For Respondent(s) :

Mr. Anshul Narayan, Addl. Standing Counsel/Adv.
Mr. Prem Prakash, AOR

Mr. Anirudh Sharma, Adv.

Mr. Sudarshan Bharadwaj, Adv.

Ms. Ruchi Gupta, AOR

UPON hearing the counsel the Court made the following
O R D E R

Leave granted.

In terms of the signed order, the present appeal is accepted,

the interim order is confirmed and it is directed that, in the

event of the appellant, Ijhar Alam, being arrested in connection

with First Information Report No. 268/2023 dated 28.06.2023

registered with Police Station – Raniganj, District – Arariya,

Bihar, for the offence(s) punishable under Sections 452 and 376 of

Crl.A @ SLP(Crl.) No. 8696/2024 3
the Indian Penal Code, 1860, he shall be released on bail by the

arresting/investigating officer/trial court on terms and conditions

to be fixed by the trial court.

In addition, the appellant, Ijhar Alam, shall comply with the

conditions mentioned in Section 438(2) of the Code of Criminal

Procedure, 1973. He shall provide one mobile number on which he

can be contacted by the police officers to ascertain his

whereabouts while on bail.

The appellant, Ijhar Alam, will not get in touch with the

informant/victim or her family members.

The impugned judgment is set aside and the appeal is allowed

in terms of the signed order. Proceedings against the appellant,

Ijhar Alam, under Section 82 of the Cr.P.C. shall be treated as

quashed.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI)                                 (R.S. NARAYANAN)
   AR-cum-PS                                   ASSISTANT REGISTRAR
                (signed order is placed on the file)




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