High CourtsSingle Bench

Bablu Turi vs State Of Jharkhand

Jharkhand High Court · Decided on 13 December 2019 · Citation: (2019) 12 JH CK 0197

HON’BLE JUDGES
Anubha Rawat Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 147, 148, 149, 186, 307, 332, 333, 341, 342, 353, 427 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
Anticipatory Bail No.8712 Of 2019
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Judgment

35 paragraphs · 685 words

Apprehending his arrest in connection with Katras P.S. Case No.41 of 2016 corresponding to G.R. No.646 of 2016 instituted under Sections 147, 148,

149, 341, 342, 186, 353, 332, 333, 307, 427, 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory

bail.

Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.

Learned counsel appearing for the petitioner submits that the allegation against the petitioners is that the petitioner was the member of an unlawful

assembly and in prosecution of the common objects of the assembly, they assaulted the police personnel who tried to pacify two groups, damaged

several vehicles of the police and injured the informant-Parmeshwar Prasad, Assistant Sub Inspector Sushil Kumar, Constable No.823- Gautam

Prasad Mahto, Constable No.1674- Md. Alam Ansari, Constable No.767- Jayman Kongari, Constable No.773- Nawal Dang, Constable No.2152-

Parwej Aalam, Constable No.779- Santosh Kumar Ray, Constable No.799- Rajesh Kumar, Constable No.2151- Manish Kumar, Hawaldar Rajendra

Ram, Constable No.740- Saheb Ram Murmu and Constable No.684- Jameshwar Ram. It is submitted that the allegation against the petitioner is false.

It is next submitted that the petitioner has been falsely implicated in this case as he was not present at the place of occurrence. 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.65,000/- in

shape of thirteen demand drafts of Rs.5,000/- each without prejudice to his defence in this case in favour of the victims namely-Parmeshwar Prasad,

Assistant Sub Inspector Sushil Kumar, Constable No.823- Gautam Prasad Mahto, Constable No.1674- Md. Alam Ansari, Constable No.767- Jayman

Kongari, Constable No.773- Nawal Dang, Constable No.2152- Parwej Aalam, Constable No.779- Santosh Kumar Ray, Constable No.799- Rajesh

Kumar, Constable No.2151- Manish Kumar, Hawaldar Rajendra Ram, Constable No.740- Saheb Ram Murmu and Constable No.684- Jameshwar

Ram. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.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 S.D.J.M., Dhanbad within four months from today and in the

event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing thirteen separate demand drafts of Rs.5,000/- each as ad

interim victim compensation without prejudice to his defence in this case drawn in favour of the victims namely- Parmeshwar Prasad, Assistant Sub

Inspector Sushil Kumar, Constable No.823- Gautam Prasad Mahto, Constable No.1674- Md. Alam Ansari, Constable No.767- Jayman Kongari,

Constable No.773- Nawal Dang, Constable No.2152- Parwej Aalam, Constable No.779-Santosh Kumar Ray, Constable No.799- Rajesh Kumar,

Constable No.2151-Manish Kumar, Hawaldar Rajendra Ram, Constable No.740- Saheb Ram Murmu and Constable No.684- Jameshwar Ram and on

furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Dhanbad in

connection with Katras P.S. Case No.41 of 2016 corresponding to G.R. No.646 of 2016w ith 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

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposit the said demand drafts, the court below is directed to issue notice to the victims namely- Parmeshwar Prasad, Assistant

Sub Inspector Sushil Kumar, Constable No.823- Gautam Prasad Mahto, Constable No.1674- Md. Alam Ansari, Constable No.767- Jayman Kongari,

Constable No.773- Nawal Dang, Constable No.2152- Parwej Aalam, Constable No.779- Santosh Kumar Ray, Constable No.799- Rajesh Kumar,

Constable No.2151- Manish Kumar, Hawaldar Rajendra Ram, Constable No.740- Saheb Ram Murmu and Constable No.684- Jameshwar Ram and

on their proper identification, the court below shall handover the same to them forthwith.