Dilip Yadav @ Dilip Kumar Yadav vs State of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kunda P.S. Case No.172 of 2020 registered under sections 147/148/149/ 341/332/325/337/353/186/379/504/506 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons were member of an unlawful assembly and being armed with deadly weapons used criminal force against the informant deterring the informant-A.S.I. of Kunda Police Station from discharging his duties and fled away with the tractor which was seized by police. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to pay Rs. 10,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes to hand over the tractor which has been allegedly taken away by the petitioner and the co-accused persons of this case to the informant. It is then submitted that the petitioner 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. 10,000/- as ad interim victim compensation in favour of informant and also on showing the proof of handing over the tractor which has been allegedly taken away by the petitioner and the co-accused persons of this case to the informant 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., Deoghar, in connection with Kunda P.S. Case No.172 of 2020 with the condition that he will co- operate 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.