Kuldeep Singh And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Budhai P.S. Case No.02 of 2020 registered under sections 147/148/ 149/353/323/332 of the Indian Penal Code.

The learned counsel for the petitioners submits that the allegation against the petitioners is that they along with other co- accused persons blocked the traffic on account of death of a girl due to road accident and used criminal force against the police personnel deterring them from discharging their duties. It is further submitted that the allegations against the petitioners are all false and the petitioners were not present at the place of occurrence. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. It is lastly submitted that the co-accused person -Chhattu Singh @ Chhatu @ Chattu Singh @ Chhatu Singh has already been given the privilege of anticipatory bail by this Court vide order dated 25.03.2021, passed in A.B.A. No. 1234 of 2021. Hence, it is submitted that the petitioners be also 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 depositing cash security of Rs.5000/- each 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., Madhupur, in connection Budhai P.S. Case No.02 of 2020 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.