Manoj Sharma And Anr vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioners 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 petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending their arrest in connection with Giridih(M) P.S. Case No. 191 of 2020 instituted under Sections 341, 323, 324, 326, 307/34 of the Indian

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

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of the common

intention with the co-accused persons attempted to murder the informant- victim- Susmita Devi causing grievous injuries to her. It is submitted that the

allegation against the petitioners is false. It is next submitted that for the selfsame occurrence, from the side of the petitioners, vide Compliant Case

No.1277 of 2020 has been lodged and as a counter blast this false case has been foisted. It is next submitted that the petitioners undertake that they

will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the

petitioners are ready and willing to co-operate with the investigation of the case and undertakes to jointly pay ad interim victim compensation of

Rs.50,000/- without prejudice to their defence in this case in favour of the informant-victim. Hence, it is submitted that the petitioners be given the

privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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 S.D.J.M., Giridih within four months from today and in the

event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.50,000/- as ad interim victim

compensation without prejudice to their defence in this case drawn in favour of the informant-victim and on furnishing bail bond of Rs.25,000/-

(Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned S.D.J.M., Giridih in connection with Giridih(M) P.S.

Case No. 191 of 2020 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 numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile

numbers during the pendency of the case and with the condition that they will not annoy or disturb the informant or any of her family members in any

manner 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 deposit the said demand draft, the court below is directed to issue notice to the informant-victim and on her proper identification,

the court below shall handover the same to her forthwith.