Jagdev Singh @ Jagdeo Singh And Others vs State Of Jharkhand & Anr

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Balidih (Industrial Area O.P.) P.S. Case No.112 of 2017 corresponding to G.R. No. 1329 of 2017 registered under sections 420/406 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 being the owner and the petitioner no.2 being the driver of the vehicle were entrusted one thousand bags of cement which went missing. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioners undertake to jointly pay the value of one thousand bags of cement amounting to Rs.1,53,600/- to the informant without prejudice to their defence in this case, subject to final decision of the case as mentioned in para - 12 of the instant anticipatory bail application. It is lastly submitted that the petitioners undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs.1,53,600/- drawn in favour of informant without prejudice to their defence in this case, subject to final decision of the case and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bokaro, in connection with Balidih (Industrial Area O.P.) P.S. Case No.112 of 2017 corresponding to G.R. No. 1329 of 2017 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioners deposit 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.

At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioners with the informant in connection with this case.