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Judgment
26 paragraphs · 541 wordsHeard the parties through Video Conferencing.
Mr. P. Pallav, learned counsel for the petitioner 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 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 Bankmore P.S. case no. 19 of
2018 registered under Sections 342/323/504/ 379/386/363 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that when the informant went to the house of the
petitioner for collection of loan amount from him, some boys on the direction of the petitioner, snatched cash of Rs. 7,000/- with his ATM card, driving
license and at the point of firearm, the informant was made to acknowledge a loan of Rs. 10,00,000/-. It is then submitted that the allegations against
the petitioner are all false and admittedly, the petitioner and the informant were good friends prior to the occurrence. It is further submitted by learned
counsel for the petitioner that the reason for the differences is that one flat was illegally occupied by the informant and just to harass the petitioner, this
false case has been foisted against the petitioner. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and
also ready and willing to pay Rs. 7,000/- as ad interim victim compensation to the informant without prejudice to his defence and he undertakes not to
annoy or disturb the informant in any manner during pendency of the case hence, the petitioner 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 petitioner. Hence, in the event
of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs.
7,000/- 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) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Bankmore P.S.
case no. 19 of 2018 subject to the condition that the petitioner will not annoy or disturb the informant in any manner during pendency of the case and
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 petitioner, learned court below is directed to issue notice to the informant and release the demand
draft in his favour on proper identification forthwith.
