High CourtsSingle Bench

Rohit @ Rohit Sardar vs State Of Jharkhand

Jharkhand High Court · Decided on 4 August 2021 · Citation: (2021) 08 JH CK 0017

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 307, 323, 324, 341, 427, 504 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5058 Of 2021
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Judgment

22 paragraphs · 490 words

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Birsanagar P.S. Case No.106 of 2020 registered under sections 147, 148, 149, 341, 323, 324, 307, 504, 427

of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly and

in prosecution of common object of the assembly; he attempted to murder the informant, Ashok Mukhi and Rohit Munda and caused injuries to them.

It is submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to pay Rs.10,000/- as ad

interim victim compensation to the informant without prejudice to his defence in this case and undertakes to cooperate with the investigation of the

case and also undertakes that he will not annoy or disturb the informant or the victims or their family members in any manner during the pendency of

the case. It is lastly submitted that the co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide

order dated 29.07.2021 passed in A.B.A. No.4754 of 2021. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Spl.P.P appearing for the State opposes the prayer for 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.10,000/- as ad interim victim compensation drawn in favour of the informant 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 Judicial

Magistrate, Jamshedpur in connection with Birsanagar P.S. Case No.106 of 2020 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 number and a copy of his

Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition

that he will not annoy or disturb the informant or the victims or their family members 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 said demand draft, the court below is directed to issue notice to the informant of this case and on his proper

identification, the court below shall handover the same to him forthwith.