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Judgment
19 paragraphs · 406 wordsAnil Kumar Choudhary, J
Apprehending his arrest in connection with Barwadda P.S. Case No. 73 of 2021 instituted under Sections 379, 411, 467, 468, 420, 120-B of the Indian
Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was trying to commit theft of D 1
pipes and other articles. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been implicated in
this case only on the basis of confessional statement of the co-accused-Sanjay Kumar Yadav. It is further submitted that the petitioner was not
present at the place of occurrence. It is next submitted that the co-accused with similar allegation has been given the privilege of anticipatory bail by
this Court vide order dated 04.08.2021 passed in A.B.A. No.4977 of 2021. Drawing attention of this Court towards para-11 of the instant anticipatory
bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner is ready
and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the
petitioner be given the privileges of anticipatory bail.
Learned Spl.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 within six weeks from today and in the event of his arrest or
surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security 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 J.M.1st Class, Dhanbad in connection with Barwadda
P.S. Case No. 73 of 2021 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
