Md. Sajid @ Machis vs State of Jharkhand

The present bail application is taken up today through Video conferencing.

The petitioner is an accused in connection with S.T. No.277 of 2019 registered for the offence punishable under Sections 324/325/302/307/34 of the

Indian Penal Code pending in the court of Additional Judicial Commissioner-V, Ranchi.

The learned senior counsel for the petitioner submits that the petitioner's applications for regular bail was earlier rejected twice by this Court. By way

of present bail application, the petitioner has renewed his prayer for regular bail, on the ground that other co-accused persons, namely, Md. Asif @

Mabo, Md. Danish Ansari @ Danish Ansari, Md. Shabir @ Sabir @ Md. Sabir, Md. Irshad @ Rider @ Irshad Raider and Vicky Ansari @ Vicky @

Vikky Ansari have already been granted bail by different Benches of this Court and that the petitioner is in judicial custody since 9th December, 2018.

It is further submitted that the injured witness, namely, Afan Gauhar whose statement has been recorded at paragraph 64 of the case-diary, has

clearly stated that the stab injury was inflicted to the deceased-Zaif Alam by co-accused Chotka @ Parmanu. It is also submitted that considering the

statement of the said injured witness, the petitioner may be given the privilege of regular bail.

Mr. Jitendra Pandey, learned A.P.P. appearing on behalf of the State as well as Mr. Asif Khan, learned counsel appearing on behalf of the informant

while opposing the petitioner's prayer for regular bail jointly submit that the petitioner is one of the main accused of the present case at whose

instance, the alleged occurrence took place. The statements of different witnesses recorded in the case-diary clearly suggest that the petitioner has

actively participated in commission of murder of the deceased-Zaif Alam. This Court while rejecting the petitioner's bail application vide order dated

18th July, 2019 passed in B.A. No.5725 of 2019 has taken note of the said fact. It has also been observed in the order dated 26th August, 2020 passed

by a Bench of this Court in B.A. No.5308 of 2020 (Md. Asif @ Mabo vs. The State of Jharkhand) that the main allegation is attributed to Md. Jahid

@ Chhotu @ Parmanu @ Zahid and Machis i.e., the petitioner. The similar fact has been recorded while rejecting the prayer for regular bail of co-

accused Md. Zahid @ Chotka @ Parmanu @ Zahid by a Bench of this Court in order dated 16 th March, 2020 passed in B.A. No.2044 of 2020.

Hence, the petitioner may not be given the privilege of regular bail.

Having heard learned counsel for the parties and keeping in view that earlier the petitioner's bail application has been rejected twice by this Court on

merit and that during investigation, active participation of the petitioner in the alleged occurrence leading to murder of deceased-Zaif Alam has

surfaced, I am not inclined to enlarge the petitioner on bail. Accordingly, the petitioner's application for bail is, hereby, rejected.