Jai Prakash Rawani vs State Of Jharkhand

Heard the parties through video conferencing. Mr. Rakesh Kumar- learned counsel for the petitioner undertakes to remove the defects pointed out by

the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Baliyapur P.S. Case No.41 of 2019 instituted under Sections 147, 148, 149, 323, 324, 353, 394, 427, 307,

120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner picked up quarrel with the police

party which went to the village upon receipt of the information of a dead body of a boy being found near the pond and he assaulted the police

personnel and looted their arms and he also attempted to murder the informant namely Basisth Narayan Singh and Home Guard No.4924- Anil Kumar

Pandey and damaged the police vehicles. It is submitted that the allegations against the petitioner are all false and the allegations are general and

omnibus in nature. It is then submitted that there is no specific allegation against the petitioner. It is next submitted that the co-accused, with similar

allegation, has already been given the privileges of anticipatory bail by this Court vide order dated 05.12.2019 passed in A.B.A. No.8513 of 2019. It is

lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of

Rs.20,000/- i.e. in form of two separate demand drafts of Rs.10,000/- each without prejudice to his defence in this case in favour of the informant

namely Basisth Narayan Singh and Home Guard No.4924- Anil Kumar Pandey. Hence, it is submitted that the petitioner be given the privileges of

anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Judicial Magistrate, Dhanbad within six weeks from today

and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing two separate demand drafts of Rs.10,000/- each as

ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant namely-Basisth Narayan Singh and

Home Guard No.4924- Anil Kumar Pandey and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to

the satisfaction of learned Judicial Magistrate, Dhanbad in connection with Baliyapur P.S. Case No.41 of 2019 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 furnish his mobile number and

photocopy of the Aadhar Card with an 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 said demand drafts, the court below is directed to issue notice to the informant namely- Basisth Narayan Singh and

Home Guard No.4924- Anil Kumar Pandey and on their proper identification, the court below shall handover the same to them forthwith.