Baldeo Prasad vs State Of Jharkhand

The matter is taken up through video conferencing.

No one turns up on behalf of the parties.

The petitioner is directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending his arrest in connection with Barkatha P.S. Case No.23 of 2017 corresponding to G.R. No.559 of 2017 instituted under Sections 147,

149, 353, 337, 323, 426, 504 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Perusal of the record reveals that the allegation against the petitioner is that the petitioner along with co-accused persons blocked the G.T. Road and

when the informant- Swarnlata Kujur, who is the Officer-in-Charge of Barkatha Police Station tried to pacify the matter between the petitioner and

the co- accused, they became adamant and started abusing and assaulting the police force by pelting stones and inflicting blows by use of lathi and

danda, due to which some police personnel got injured. It has been averred in the instant anticipatory bail application that the allegation against the

petitioner is false and general and omnibus in nature and he has been falsely implicated in this case. It has been next averred that the co-accused, with

similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 20.10.2020 passed in A.B.A. No.5245 of

2020. It has been further averred in para- 18 of the instant anticipatory bail application that the petitioner is ready and willing to abide by any terms and

conditions imposed upon him by this Court.

Considering the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioner on the principle of parity with the co- accused

persons who have already been given the privileges of anticipatory bail. Accordingly, the petitioner is directed to surrender in the Court of learned

J.M.-1st Class, Hazaribagh within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on

depositing four demand drafts each of Rs.3,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of

the victims namely- Awadesh Singh, Swarnlata Kujur Sub-Inspector-cum- Officer-in-Charge, P.S. Barhi, Hawaldar-Kamaldeo Paswan and

Hawaldar- Kanhaiya Ram (both of Barkatha P.S.) and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like

amount to the satisfaction of learned J.M.-1st Class, Hazaribagh in connection with Barkatha P.S. Case No.23 of 2017 corresponding to G.R. No.559

of 2017 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 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 drafts, the court below is directed to issue notice to the aforesaid victims and on their proper

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