Jharkhand High Court
Mohammad Khalid @ Khalid Umar vs The State Of Jharkhand … Opp. Party on 10 March, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 3604 of 2024
Mohammad Khalid @ Khalid Umar, aged about 37 years, son of
Mohammad Umar Bhai, resident of Gwala Toli Road, Hindpiri,
P.O.-G.P.O., P.S.-Hindpiri, District-Ranchi.
... Petitioner
Versus
The State of Jharkhand ... opp. party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Niranjan Kumar , Adv.
For the State : Mr. Shree Prakash Jha , Addl.. PP
07 / 10.03.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved
this Court for grant of privilege of anticipatory bail in connection
with Lower Bazar P.S. Case No. 133 of 2022 registered under
Sections 147, 148, 149, 353, 188, 427, 295A, 298, 332, 504, 323/120B
of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that
the allegation against the petitioner is that the petitioner was the
member of an unlawful assembly and in prosecution of common
object of the assembly, by deliberate and malicious act intended
to outrage religious feelings of a class of citizens of India, by
insulting their religion and religious beliefs and used criminal
force against the public servant police personnel by deterring
them from discharging their duties. It is then submitted that the
allegations against the petitioner are all false and those
allegations are general and omnibus in nature. It is further
submitted by learned counsel for the petitioner that the petitioner
has no criminal antecedent, as mentioned in paragraph 14 of the
anticipatory bail application. It is then submitted by learned
counsel for the petitioner that the petitioner has submitted his
reply to the notice under section 41 A of the Cr.P.C and the
petitioner is a registered contractor with the Jharkhand Urban
and Housing Development Department and he is having a shop
pertaining to advertisement agency in the GEL Church Complex,
Ranchi. It is further submitted by learned counsel for the
petitioner that the petitioner is a graduate and he is a married
man having two children and aged parents and there is no
specific overt act attributed to the petitioner. It is next submitted
that the petitioner is ready to co-operate with the investigation
of the case and also undertakes to furnish sufficient security
including cash security. It is next submitted that the petitioner
undertakes not to annoy or disturb any class of citizens of the
country in any manner during pendency of the case and co-
accused with similar allegations have already been admitted on
regular bail by a co-ordinate Bench of this court vide order dated
03.05.2023 passed in BA no. 3231 of 2023, hence, the petitioner be
given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory
bail of the petitioner.
Considering aforesaid facts and circumstances of the case, I
am inclined to grant the privilege of anticipatory bail to the
petitioner. Hence, in the event of arrest by the police or surrender
within a period of six weeks from the date of this order, the
petitioner shall be released on bail on depositing Rs. 10,000/- as
cash security and 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 Judicial Magistrate, Ranchi in
connection with Lower Bazar P.S. Case No. 133 of 2022 subject to
the condition that the petitioner will not annoy or disturb any
class of citizens of the country in any manner during pendency of
the case and will co-operate with the Investigation of the case and
will appear before the Investigating Officer as and when noticed by
him and will submit mobile number and photocopy of Aadhaar
card at the time of surrender in the court below with an
undertaking not to change mobile phone number during the
pendency of the case along with the other conditions laid down
under section 438 (2) Cr. P.C..
(ANIL KUMAR CHOUDHARY, J.)
Smita/-