Avinash Kumar Shourya @ Avinash Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

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

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Godda (T) P.S. Case No.155

of 2020 registered under sections 419/420/379 of the Indian Penal Code and under Section 66 C/D of I.T. Act.

The Learned counsel for the petitioner submits that the informant who is an old widow deposit her money received in respect of compensation of

acquisition of her land in Vananchal Gramin Bank, Godda and her nephew has also deposited money in the said bank and the allegation against the

petitioner is that the petitioner and co-accused persons came to them by and by alluring them took photocopies of passbooks and aadhar cards by

providing false assurance of providing Indira Aawas to her and making labour card to her nephew and they also brought a biometric machine and took

the thumb impressions of the informant and her nephew but later on the informant came to know upon going to the bank that from her account every

day Rs.10,000/- was withdrawn from the Customer Service Point and altogether Rs.4,48,000/- was withdrawn and a sum of Rs.1,20,000/- was

withdrawn by the petitioner. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready

and willing to pay Rs. 1,20,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case, subject to final

decision of the case and undertakes to cooperate with the investigation of the case and also undertakes that he will not annoy or disturb the informant

in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of eight weeks from the date of this order, he

shall be released on bail on depositing a demand draft of Rs. 1,20,000/- as ad interim victim compensation in favour of informant and on furnishing bail

bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Godda, in

connection with Godda (T) P.S. Case No.155 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear

before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with

the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the

informant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to her, after proper identification.

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the

informant.