Pawan Singh @ Abinash Singh vs State of Jharkhand

Heard the parties through video conferencing.

Learned senior counsel for the petitioner 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 senior counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Deoghar (Town) P.S. Case No.708 of 2020 instituted under Sections 341, 323, 307 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to murder the informant- Suresh Kumar Jha. It is submitted that the allegation against the petitioner is false. It is further submitted that the alleged injuries sustained by the informant/ victim are simple in nature. It is then submitted that the petitioner undertakes that he will not disturb or annoy the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.10,000/- without prejudice to his defence in this case in favour of the informant. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Deoghar within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing a demand draft of Rs.10,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Deoghar in connection with Deoghar (Town) P.S. Case No.708 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not disturb or annoy the informant or any of his 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 petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the same to him forthwith.