High CourtsSingle Bench

Dilip Munda vs State Of Jharkhand

Jharkhand High Court · Decided on 25 July 2023 · Citation: (2023) 07 JH CK 0037

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 353, 420 · Code Of Criminal Procedure, 1973 — Section 34, 41A, 438(2)
CASE NUMBER
A.B.A. No. 3614 Of 2023
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Judgment

8 paragraphs · 285 words

Gautam Kumar Choudhary, J

Apprehending his arrest, petitioner above-named has moved this Court for grant of anticipatory bail in connection with Nagri P.S. Case No.211 of 2022 registered under Sections 420/ 353/ 34 of the Indian Penal Code.

Heard the parties.

As per the case of prosecution, Police conducted a raid in village where hauzi was being played by the petitioner and others in which about 150 persons were participating. Police party seized sound box which was objected by the petitioner.

It is submitted by the learned counsel for the petitioner that the police has named the petitioner in the FIR as per the disclosure made by the villagers, but he has no concern with the said gambling and he was not present at the time of gambling. No incriminating article has been seized and there is no legal evidence against him.

Learned APP for the State has vehemently opposed the prayer.

Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of three weeks from the date of receipt of a copy of this order before the learned court below, the petitioner named above shall be released on bail 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 Court below, subject to the conditions laid down under Section 438(2) Cr. P.C.

The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. as and when his presence is required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.