Sanjay Kumar Kabra vs State Of Jharkhand

Anil Kumar Choudhary, J

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 Sunder Nagar P.S. Case

No.19 of 2021 registered under sections 188/353 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner encroached upon a public land and when

the said encroachment was removed, again the petitioner encroached upon the said public land and thereafter, as the administrative officers went to

remove the encroachment, the co-accused persons at the instance of the petitioner used criminal force against the informant-In-charge Circle Officer,

Jamshedpur deterring him from discharging his duty. It is further submitted that the allegations against the petitioner are all false. It is then submitted

that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation of the

case and also undertakes that he will produce a certificate from the informant that he has vacated the encroached land and also he will not encroach

any land including the place of occurrence land 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 cash security of Rs.10,000/- and also on satisfying the learned court below that the petitioner has obtained a

certificate from the informant that he has vacated the encroached land 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 J.M. 1st Class, Jamshedpur, in connection with Sunder Nagar P.S. Case No.19

of 2021 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 encroach any land including the place of occurrence land subject

to the conditions laid down under section 438 (2) Cr. P.C.