High CourtsSingle Bench

Sanoj Kumar @ Sanoj Sahu vs State Of Jharkhand

Jharkhand High Court · Decided on 10 November 2020 · Citation: (2020) 11 JH CK 0106

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 323, 324, 325, 341, 354, 448 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5733 Of 2020
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Judgment

26 paragraphs · 561 words

Heard 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 Jagarnathpur P.S. Case

No.176 of 2020 registered under sections 147/148/149/341/323/324/325/354/448 of the Indian Penal Code.

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

in prosecution of the common object of the assembly, being armed with deadly weapons caused grievous hurt to the victim namely Hansraj Singh,

Sakaldeo Singh, Sher Singh and Raja Singh and outraged the modesty of the informant. It is further submitted that the allegations against the petitioner

are all false and from the side of the petitioner, the petitioner no.1 has lodged an FIR basing upon which Jagarnathpur P.S. Case No.175 of 2020 has

been registered. It is then submitted that the petitioner is ready and willing to pay Rs. 20,000/- 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 any of her family members in any manner during the pendency of the case. It is lastly submitted that the co-accused person

has already been given the privilege of anticipatory bail by this Court vide order dated 05.11.2020 in A.B.A. No.5633 of 2020. 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 a demand draft of Rs. 20,000/- as ad interim victim compensation in favour of 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 J.M., Ranchi, in

connection with Jagarnathpur P.S. Case No.176 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 any of her family members in any manner 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 informant and hand over

the said demand draft to her, after proper identification.