Dev Sharan Mahto vs State Of Jharkhand

Anil Kumar Choudhary, J

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 Madhupur P.S. Case No.360

of 2017 (G.R. No. 1037 of 2017) registered under sections 467/468/420/419/120B/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the informant joined a company on paying a security

amount of Rs.12,500/- with an assurance that the said money will be returned back to him after training and when the petitioner asked to return back

the said money, the informant was pressurized, blackmailed and tortured. It is further submitted that the allegations against the petitioner are all false

and the petitioner is only an employee of the company and he is not the director or the manager of the said company. It is then submitted that the

petitioner is ready and willing to pay Rs. 12,500/- to the informant without prejudice to his defence in this case and undertakes to cooperate with the

investigation of the case.

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

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing a demand draft of Rs. 12,500/- drawn in favour of informant without prejudice to his defence in this case and on

furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.,

Madhupur, in connection with Madhupur P.S. Case No.360 of 2017 (G.R. No. 1037 of 2017) with the condition that the petitioner will cooperate with

the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of

his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the

conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand

draft to him, after proper identification.