Sarwan Kumar @ Sarwan Kumar Dangi vs State of Jharkhand

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 Itkhori P.S. Case No.59 of 2020 registered under sections 144/149/385/307/379 of the Indian Penal Code, Section 27 of Arms Act and under Section 17 (i)(ii) of Criminal Law Amendment Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the informant received call and the caller disclosed that he is a member of T.P.C. extremist organization and demanded a levy of Rs.20,000/- and the informant upon receiving repeated calls could manage to pay 2000-3000 and reached at the brick kiln near I.T.I., College where the co-accused persons armed with country made pistol snatched the cell phone and Rs.3000/- cash from the informant. It is also submitted that the co- accused have been arrested and have impleaded the petitioner involved in the said offence. It is further submitted that the allegation against the petitioner are all false and there is no specific allegation against the petitioner and except the confessional statement of the co- accused persons, there is no material to implicate the petitioner in this case. It is next 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 waives his right of being put on T.I. Parade and undertakes that he will not challenge his identification by any of the witness during the trial of the case on the ground that he was not put to proper T.I. Parade. 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 A.C.J.M., Chatra, in connection with Itkhori P.S. Case No.59 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 numbers 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 that he will not challenge his identification by any of the witness during the trial of the case on the ground that he was not put to proper T.I. Parade and other 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 him, after proper identification.