High CourtsSingle Bench

Daud Ali vs State Of Jharkhand

Jharkhand High Court · Decided on 10 November 2020 · Citation: (2020) 11 JH CK 0108

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 406, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5728 Of 2020
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Judgment

21 paragraphs · 352 words

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 Balidih P.S. Case No.26 of

2020 registered under sections 406/420/120B of the Indian Penal Code.

The learned counsel for the petitioner seeks permission of this Court to implead the informant as opposite party no.2 in this anticipatory bail

application.

Permission is accorded.

The petitioner is directed to incorporate the name of the informant as opposite party no.2 in this anticipatory bail application within one week after the

lockdown period is over.

Let notice be issued to the newly impleaded opposite party no.2 under registered cover with A/D as well as under ordinary process for which

requisites etc. must be filed within two weeks by the petitioner, failing which, this application shall stand dismissed without further reference to the

Bench.

Learned counsel for the petitioner submits that the allegation against the petitioner are all false and for the selfsame occurrence, a complaint case

No.709 of 2017 has also been instituted. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for anticipatory bail.

List this case on 12.01.2021.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till

12.01.2021. In case of the petitioner being arrested by the police on or before 12.01.2021, he shall be released on bail provisionally on furnishing bail

bond of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection

with Balidih P.S. Case No.26 of 2020 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.