Chattardhari Mandal And Ors vs State of Jharkhand

Heard the parties through video conferencing.

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 Nagar P.S. Case No. 72 of 2019 instituted under Sections 341, 323, 504, 506, 420, 423, 353, 34 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 there was scuffle between the parties in the

police station and when the informant A.S.I. tried to pacify, the petitioners along with the co-accused person scuffled with the informant and used

criminal force against him deterring him from discharging his duty and co-accused-Kailash Mandal also used criminal force against Officer-in-Charge

of Giridih Town Police Station. It is submitted that the allegation against the petitioners is false. 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.10,000/- without prejudice to

their defence in this case to the informant. 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 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 of learned C.J.M., Giridih 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.10,000/- 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 to the satisfaction of learned C.J.M., Giridih in connection with Nagar P.S. Case No. 72 of 2019

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 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.