Pramod Kumar vs State of Jharkhand

Heard the parties through video conferencing.

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

Apprehending his arrest in connection with Pratappur P.S. Case No. 146 of 2018 instituted under Sections 147, 148, 149, 341, 323, 324, 325, 307, 353, 295-A of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

It is submitted by the learned counsel for the petitioners that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and armed with deadly weapons in prosecution of the common object of the assembly they attempted to murder Md. Sadik, Md. Ushman, Anil Bharti, Ajay Yadav and Hujaiffa and caused injuries to them. It is next submitted that the allegation against the petitioner are all false and the petitioners raised slogans to outrage the religious feelings of a class of citizens of India and when the police tried to pacify the matter, they tried to attack the members of other community. It is also submitted that the petitioner was not present at the place of occurrence and he has been falsely implicated in this case because he is the residents of locality. It is then submitted that the co-accused, with similar allegation, have been given the privilege of anticipatory bail this Court vide order dated 28.02.2020 passed in A.B.A. No. 1188 of 2020. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or the victims in any manner during the pendency of the case. It is lastly submitted that petitioner undertake to pay victim compensation of Rs. 25,000/- i.e. Rs.5000/- to each of the victims without prejudice to his defence in this case and undertake 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 of the petitioner.

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 depositing a demand draft of Rs.25,000/- i.e., Rs. 5,000/- each drawn in favour of each of the victims namely Md. Sadik, Md. Ushman, Anil Bharti, Ajay Yadav and Hujaiffa as ad interim victim compensation and 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 S.D.J.M., Chatra, in connection with Pratappur P.S. Case No.146 of 2018 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 numbers and a copy of his Aadhar Cards in the court below with the undertaking that he will not change his mobile number during the pendency of the case and with condition that he will not annoy or disturb the informant or the victims in any manner during the pendency of the case and subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the victims and hand over the said demand draft to them, after proper identification.