Arun Mehta @ Arun Kumar And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties through video conferencing.

Apprehending their arrest in connection with Hariharganj P.S. Case No.120 of 2020 instituted under Sections 341, 342, 323, 325, 354 (B), 447, 427,

379, 504, 506 and 34 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 petitioner No.7 namely Kundan Dev @ Kundan Kumar has since been arrested.

Hence, he does not press this anticipatory bail application for the petitioner No.7 namely Kundan Dev @ Kundan Kumar.

Accordingly, this anticipatory bail application stands dismissed as not pressed for the petitioner No.7 namely Kundan Dev @ Kundan Kumar.

So far as petitioner Nos.1 to 6 are concerned, learned counsel appearing for the petitioners submits that the allegation against the petitioner Nos.1 to 6

is that the petitioner Nos.1 to 6, in furtherance of their common intention, demolished the house of the informant by using a J.C.B. Machine, outraged

her modesty and committed theft of Rs.50,000/- and jewelries. It is submitted that the allegation against the petitioner Nos.1 to 6 is false. It is further

submitted that there is land dispute going on between the parties and the matter is pending before the D.C.L.R., Chhatarpur, hence, this concocted

case has been foisted. It is also submitted that the petitioner Nos.1 to 6 have no criminal antecedent. It is lastly submitted that the petitioner Nos.1 to 6

are ready and willing to co-operate with the investigation of the case and undertake to jointly pay ad interim victim compensation of Rs.1,00,000/-

without prejudice to their defence in this case to the informant subject to final decision of the case. Hence, it is submitted that the petitioner Nos.1 to 6

be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant oppose the prayer for anticipatory bail of the

petitioner Nos.1 to 6.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner Nos.1 to 6. Accordingly, the petitioner Nos.1 to 6 are directed to surrender in the Court of learned J.M.- 1st Class, Palamau at

Daltonganj within eight weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on jointly depositing a demand

draft of Rs.1,00,000/- drawn in favour of the informant of this case as ad interim victim compensation without prejudice to their 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 J.M.- 1st

Class, Palamau at Daltonganj in connection with Hariharganj P.S. Case No.120 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 number and photocopy of the

Aadhar Card with an undertaking that they will not change their mobile number 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 petitioner Nos.1 to 6 deposit the said demand draft, the court below is directed to issue notice to the informant of this case and on her

proper identification, the court below shall handover the same to her forthwith.

In case the petitioner Nos.1 to 6 pay Rs.1,00,000/- to the informant of this case, learned court below will pass an appropriate order regarding the same

at the time of conclusion of trial.