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Judgment
27 paragraphs · 586 wordsHeard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the
stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the 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 Itkhori P.S. Case No.174 of
2020 registered under sections 147/148/149/ 323/324/325/307/504/506 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly
and being armed with deadly weapons in prosecution of common object of the assembly attempted the murder the informant -Rajesh Kumar Singh
and Pappu Singh. It is further submitted that the allegations against the petitioner are all false and from the side of the petitioner, Subodh Kumar Singh
first lodged Itkhori P.S. Case No. 172 of 2020 and as a counter blast, this false case has been foisted. It is next submitted that the petitioner is ready
and willing to pay Rs.10,000/- i.e. Rs.5,000/- to each of the victims as ad interim victim compensation without prejudice to his defence in this case and
subject to final decision of the case and undertakes to cooperate with the investigation of the case and also undertakes that he will not annoy or disturb
the victims or their family members in any manner during the pendency 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.
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 Rs.10,000/- i.e. two separate demand draft of Rs.5,000/- each, one drawn in favour of the informant -Rajesh
Kumar Singh and the other drawn in favour of Pappu Singh 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 A.C.J.M., Chatra, in connection with Itkhori P.S. Case
No.174 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 victims or their family members
in any manner during the pendency of the case 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 aforesaid victims and hand
over the said demand drafts to them, after proper identification.
It is made clear that, at the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by
the petitioner with the victims.
