IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3446 of 2024
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Shahbaz Sawood, aged about 31 years, Son of Sawood Alam, Resident of village Ward No.1 (Nr. Water Tank) Belpara, P.O. and P.S.-Madhupur, District-Deoghar, (Jharkhand). .... .... …. Petitioner
Versus
The State of Jharkhand .... .... .... Opposite Party With
A.B.A. No.2905 of 2024
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Izhar Shaikh, aged about 24 years, son of Ayub Shaikh, resident of Village Bara, P.O. and P.S. Pathrol, District Deoghar, Jharkhand. .... .... …. Petitioner
Versus
The State of Jharkhand .... .... .... Opposite Party ------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------
For the Petitioners : Mr. Onkar Nath Tiwary, Advocate : Mr. Shamaiel Raza, Advocate
: Mr. Arvind Kr. Choudhary, Advocate For the State : Mrs. Amrita Kumari, Addl.P.P. : Mr. Ajay Kr. Pathak, Addl.P.P.
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Order No.12 Dated- 07/03/2025
Heard the parties.
Since both these anticipatory bail applications have been filled with the same prayer, hence, these anticipatory bail applications are disposed of by this common order.
Apprehending their arrest in connection with Pathrol P.S. Case No.38 of 2024 instituted for the offences punishable under Sections 153A, 505(2), 120(b) of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners promoted enmity between two groups on the ground of religion by making a video viral on the social media alleging a simple fight between two persons as a case of
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mob lynching of person of one religion. It is next submitted that the allegation against the petitioners is false. It is next submitted that the petitioners have no criminal antecedents as has been mentioned in Para-14 of A.B.A No.3446 of 2024 and Para-10 of A.B.A. No.2905 of 2024 respectively. It is also submitted that the petitioners undertake that they will not annoy or disturb the member of any community in any manner and will not make any posting on any social media during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhupur in connection with Pathrol P.S. Case No.38 of 2024 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the members of any community in any manner and will not make any posting on any social media during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.)
Abhiraj/
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