Ashish Kumar vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Dhanbad P.S. Case No.195 of 2021 instituted under Sections 341, 323, 325, 379 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner, in furtherance of common intention with the co-accused persons, assaulted the informant and took away Rs.1,000/- from his pocket. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 23.08.2021 passed in A.B.A No.5564 of 2021. It is then submitted that the petitioner undertakes that he will not disturb or annoy the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.5,000/- without prejudice to his defence in this case in favour of the informant of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Dhanbad within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.5,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant of this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Dhanbad in connection with Dhanbad P.S. Case No.195 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not disturb or annoy the informant or any of his family members 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 petitioner deposits the said demand draft, the court below is directed to issue notice to the informant of this case and on his proper identification, the court below shall handover the same to him forthwith.