Santosh Kumar Singh vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Adityapur P.S. Case No. 468 of 2015 corresponding to G.R. No. 1373 of 2015 instituted under Sections

408/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the DARCL Logistic Ltd., Jamshedpur sent

materials in truck belonging to the broker Sushil Roadline from Sandhu Tubes, and EPA of Tata Tubes to Siluguri. It is next submitted that the driver

of vehicle informed that the material has been unloaded and the owner of the vehicle switched off his mobile but the said articles has not been

unloaded at the designated destination of place. It is further submitted that the driver of the vehicle has unloaded the material at some other place on

the direction of the petitioner. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has been implicated

in this case only on the basis of confessional statement of the co-accused person Gayasuddin Ansari. It is lastly submitted that the petitioner is ready

and willing to co-operate with the investigation of the case and undertakes to pay invoice value of Rs.8,20,919/-without prejudice to his defence in this

case to the informant subject to final decision of this case without prejudice to his defence. Hence, it is submitted that the petitioner be given the

privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four months from today and in the event of his arrest or

surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.8,20,919/- without prejudice to his defence in this case drawn in

favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction

of learned ACJM, Seraikella in connection with Adityapur P.S. Case No. 468 of 2015 corresponding to G.R. No. 1373 of 2015 with the condition that

he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile

number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the

court below shall handover the same to him forthwith.

In case the petitioner deposits Rs.8,20,919/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.