Nageshwar Saw And Ors vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Abhay Kr. Chaturvedy, learned counsel for the petitioners personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioners, 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 Tandwa P.S. case no. 39 of 2020 registered under Sections 147, 148, 149, 323, 324, 307, 506 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that they along with the co-accused person were the members of an unlawful assembly and being armed with deadly weapons; they attempted to murder Mohini Devi, the wife of the informant and also caused bleeding injury to Santosh Saw, Pintu Saw, Kamlesh Saw and Rinki Devi. It is then submitted that the allegations against the petitioners are all false. It is further submitted by learned counsel for the petitioners that the petitioners have been implicated in this case as there is land dispute between the parties. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also ready and willing to pay Rs. 40,000/- jointly as ad interim victim compensation to the informant without prejudice to their defence hence, the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 40,000/- jointly by way of demand draft drawn in favour of informant as ad interim victim compensation and 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 C.J.M., Chatra in connection with Tandwa P.S. case no. 39 of 2020 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

In case of depositing aforesaid demand draft by the petitioners, learned court below is directed to issue notice to the informant and release the demand draft in his favour on proper identification forthwith.