Aditya Kumar And Anr vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest in connection with B.T. P.S. Case No. 50 of 2020 corresponding to G.R. No. 556 of 2020 instituted under Sections 147, 148, 149, 188, 269, 270, 271, 353, 307, 379, 504, 506, 427, 323 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 is that the petitioners were the member of an unlawful assembly and in prosecution of the common object of the assembly being armed with deadly weapons attempted to murder the police personnel and damaged the police vehicle. It is submitted that the allegation against the petitioners is false. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and undertakes to jointly deposit of Rs.40,000/- with Deputy Commissioner, Bokaro without prejudice to their defence in this case subject to final decision of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Spl.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 of learned A.C.J.M., Bermo at Tenughat within three months from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on showing proof jointly deposit of Rs.40,000/- with Deputy Commissioner, Bokaro without prejudice to his defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M., Bermo at Tenughat in connection with B.T. P.S. Case No. 50 of 2020 corresponding to G.R. No. 556 of 2020 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 Card with an undertaking that they will not change their mobile numbers during the pendency of the case and with the condition that the petitioners will not annoy or disturb the informant in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioners jointly deposit Rs.40,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.