Bishwanath Pradhan And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending their arrest in connection with Toklo P.S. Case No. 07 of 2021 instituted under Sections 147, 148, 149, 341, 323, 326, 307,354 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 allegation against the petitioners is that during the immersion of idol of goddess

Sarswati, the petitioners entered into locality of the informant and started playing filthy songs and teasing with the girls and when the informant and

others forbad them, the petitioner no.2 armed with knife attempted to murder the informant Chotan Malgandi and the victims namely Krishna Chandra

Melgandi, Rohit Kumbhkar and Manoj Kumbhkar and caused injuries to them. It is submitted that the allegation against the petitioners is false. It is

also submitted that the petitioners undertake that they will not annoy or disturb the informant or the victims or any of his family members in any

manner during the pendency of the case. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case

and undertake to jointly pay ad interim victim compensation of Rs.50,000/- without prejudice to their defence in this case to the informant. Hence, it is

submitted that the petitioners be given the privileges of anticipatory bail.

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

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

the petitioners. Accordingly, the petitioners are directed to surrender in the Court within six weeks from today and in the event of their arrest or

surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.50,000/- as ad interim victim compensation without

prejudice to their defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with

two sureties of the like amount each to the satisfaction of learned SDJM, Porahat at Chaibasa in connection with Toklo P.S. Case No. 07 of 2021

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 with condition that they will not annoy or disturb the informant or the victims 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 petitioners deposit the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the

court below shall handover the same to him forthwith.