Md.Sonu Quraishi vs State of Jharkhand

In the Court of Sri Dinesh Rai, A.J.C.-I, Ranchi A.B.P.

No.­ 746/2023 (Arising out of Sadar P.S.

Case No– 126/2023) Schedule XLII – High Court (J) 9a [Old (M) 164.] Serial No.

Date of Order of Proceeding Order with signature of the court.

Office notice taken with date.

1 2 24/05/2023 contd…p/2 Md.

Sonu Quraishi .....

Petitioner Versus State of Jharkhand ….

Opp.

Party For the petitioner­ Sri Rahul Pandey, Adv.

For the State­ Sri Ved Prakash, Addl.P.P.

ORDER The present anticipatory bail petition filed on behalf of petitioner namely Md.

Sonu Quraishi, who is apprehending his arrest in connection with Sadar P.S.

Case No– 126/2023 registered under Sec.

379 of the IPC, presently pending in the learned court of Sri D.N.Shukla, J.M.,Ist Class, Ranchi has been pressed and moved today.

The prosecution case in brief is that on 23.02.23 at about 18:00 hrs informant has parked her white coloured Hero Duet Scooty bearing registration no.

JH 01 CD 1487 outside her house and at about 21:00 hrs when she came to park the scooty inside the house she does not found the same, thereafter upon very search and enquiry she did not any information about her scooty, hence the instant case has been registered against unknown accused person.

Hence, this case.

Learned counsel for the petitioner submits that the the petitioner is absolutely innocent and has committed no Schedule XLII – High Court (J) 9a [Old (M) 164.] Serial No.

1 2 Contd…p/2 24/05/2023 contd…p/3 offence as alleged in the FIR rather the petitioner has been falsely implicated in this case due to some ulterior motive.

It is further submitted that petitioner is not named in the FIR rather the instant case has been registered against unknown accused person also there is no any direct and specific allegation has been levelled against this petitioner.

It is further submitted that the police has not even serve the notice u/s 41A of the Cr.P.C. he Cr.P.C. and regularly raided the house of the petitioner, then the petitioner came to knowledge that he has been implicated in the instant case.

It is further submitted that there is no any iota of evidence is present which suggests that the petitioner is any manner involved in the instant occurrence rather he has been implicated by the police in a frivolous manner as such this petitioner may be enlarged on bail.

Accordingly prayed for bail.

Ld.

Addl.P.P. for the State opposed the anticipatory bail petition.

Heard, Ld.

Counsel for the parties and gone through the TCR as well as case diary.

Record as well as case diary reveals that scooty bearing registration no.

JH01CD 1487 recovered from the possession of co­accused Md.

Kaif.

CCTV footage of the neighbour transpires that two persons came to the house of informant on a bike out of which one accused took away the scooty which was recovered from the possession of co­accused Md.

He disclosed the name of the petitioner as his associate.

Confessional statement of the co­accused Md.

Kaif also transpires that Schedule XLII – High Court (J) 9a [Old (M) 164.] Serial No.

1 2 contd…p/3 24/05/2023 he called the petitioner over phone on the direction of police official but he did not appear before the police.

Case diary transpires that accused/petitioner was not verified as yet.

Considering the entire facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

Hence, anticipatory bail petition of petitioner namely Md.

Sonu Quraishi is hereby rejected. (Dictated).

Sd/- (Dinesh Rai) A.J.C.­I, Ranchi Schedule XLII – High Court (J) 9a [Old (M) 164.] Serial No.

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