Murari Saw 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 his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Simariya P.S. Case No.06 of 2020 registered under sections 406/420/467/ 468/471/120B/34 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 formed one non-governmental organization namely Shri Mansukh Sewa Sanstha and collected money from different villagers by misleading them. It is, further, submitted that the allegation against the petitioner are all false and are general and omnibus in nature. It is then submitted that the petitioner was never a part of the said NGO in the name of Shri Mansukh Sewa Sanstha nor there is any document to show that the petitioner acted in any capacity in the said NGO or collected any money from anybody. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 15 of the anticipatory bail application. It is lastly submitted that the petitioner 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 furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra, in connection with Simariya P.S. Case No.06 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.