Joshim Sk. @ Joshi Sk @ Josim Sk. 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 Pakur (Malpahari) P.S. Case No.141 of 2020 registered under sections 379/411 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 was involved in commission of theft of mobile phone of the informant. It is further submitted that the allegations against the petitioner are all false and the alleged stolen mobile phone has already been recovered. It is next 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 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 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 C.J.M., Pakur, in connection with Pakur (Malpahari) P.S. Case No.141 of 2020 with the condition that the petitioner will cooperate 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 subject to the conditions laid down under section 438 (2) Cr. P.C.

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.