Jitendra Singh @ Jitendra vs State Of Jharkhand And Ors

Order No.05 Dated- 13.01.2020

Apprehending their arrest in connection with Daltonganj Town P.S. Case No.52 of 2019 instituted under Sections 406, 420, 467, 468, 471 and 120B of

the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Heard the parties.

Learned senior counsel for the petitioners submits that the allegation against the petitioners is that the informant/opposite party No.2 has paid

Rs.21,50,000/- to the petitioners for arranging employment for some of his friends. It is submitted that the allegation against the petitioners is false. It is

then submitted that no amount has been transferred to the account of the petitioner No.1 and in the account of the petitioner No.2, a sum of

Rs.4,84,500/- was credited out of which she has paid Rs.2,67,000/-to the alleged victims Rajiv Ranjan, Uday Kumar Singh and Prashant Kumar Singh.

It is next submitted that the petitioners are ready and willing to jointly pay Rs. 12,96,000/- in installments as ad interim victim compensation to the

informant without prejudice to their defence in this case and 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. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

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

the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M., Daltonganj (Medninagar) at Palamau within one

month from today and in the event of their arrest or surrendering, they will be enlarged on bail provisionally for a period of one month from the date of

their surrender on jointly depositing a demand draft of Rs.1,08,000/- drawn in favour of the informant namely Deojit Ram and on furnishing bail bond

of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Daltonganj (Medninagar)

at Palamau in connection with Daltonganj Town P.S. Case No.52 of 2019 with the condition that they will co-operate with the investigation of

the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the

Aadhar Card with an undertaking that they will not change their 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 petitioners jointly deposits another demand draft of

Rs.1,08,000/- within the period for which the provisional bail is granted, then the provisional bail shall be extended for further one month from the date

of their deposit by the trial court. Accordingly, on jointly depositing of each demand draft of Rs.1,08,000/- drawn in favour of the informant namely

Deojit Ram, the provisional bail granted to the petitioners shall be extended for a period of one month and on the petitioners jointly showing the proof

of last demand draft of Rs.1,08,000/- drawn in favour of the informant namely Deojit Ram thereby completing payment of the total amount of Rs.

12,96,000/- on or before twelve months of the date of their surrender in the learned court below, the provisional bail granted to the petitioners shall be

confirmed by the trial court till disposal of the case.

It is made clear that in case of failure of the petitioners to deposit any of the installments of Rs.1,08,000/-, the provisional bail granted to the petitioners

will be cancelled and the trial court will take appropriate steps for their apprehension for facing the trial.

In case, the petitioners deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Deojit Ram

and hand over the said demand draft to him, after proper identification.