Sonu Yadav @ Birendra Kumar Yadav vs State Of Jharkhand

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gawan P.S. Case No.104 of 2018 registered under sections 147/148/149/341/323/353/379/307/427/504/506 of the Indian Penal Code.

Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that while the informant -Pawan Kumar Choudhary along with other Forest Guards namely Sanjay Kumar Rai, Sanjay Pandit, Rajesh Ravidas, Sikander Paswan & Ashok Kumar reached the forest area, the petitioner along with the co-accused persons assaulted them with lathi, stick & iron rod and caused injuries to them and the petitioner -Sonu Yadav snatched away two mobile phones and purse with Rs.5,000/- belonging to the informant. It is further alleged that the petitioner along with the co-accused persons also tore their official uniform and also damaged their motorcycles and helmet and also threatened to kill them. It is further submitted that the allegation against the petitioner are false and he has no criminal antecedent. It is then submitted that no plot number or khata number of the place of occurrence has been made nor anything has been seized in connection with this case. It is next submitted that the petitioner is ready and willing to pay Rs.18,000/- each i.e. Rs.3,000/- each to each of the victims namely Pawan Kumar Choudhary, Sanjay Kumar Rai, Sanjay Pandit, Rajesh Ravidas, Sikander Paswan & Ashok Kumar as ad interim victim compensation without prejudice to his defence in this case and undertake to cooperate with the investigation of the case and also undertakes that he will not enter inside any forest area during the pendency of the case. It is then submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide order dated 18.06.2019 in A.B.A. No.3685 of 2019. 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 four weeks from the date of this order, he shall be released on bail on depositing Rs.18,000/- each i.e. six separate set of demand drafts of Rs.3,000/- each as ad interim victim compensation in favour of the victims namely Pawan Kumar Choudhary, Sanjay Kumar Rai, Sanjay Pandit, Rajesh Ravidas, Sikander Paswan & Ashok Kumar 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., Giridih, in connection with Gawan P.S. Case No.104 of 2018 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 enter inside any forest area during the pendency of the case 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 victims namely Pawan Kumar Choudhary, Sanjay Kumar Rai, Sanjay Pandit, Rajesh Ravidas, Sikander Paswan & Ashok Kumar and hand over the said demand draft to them, after proper identification.