High CourtsSingle Bench

Suraj Kumar Prajapati vs State Of Jharkhand

Jharkhand High Court · Decided on 27 November 2020 · Citation: (2020) 11 JH CK 0067

HON’BLE JUDGES
Aparesh Kumar Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 161, 438, 438(2) · Indian Penal Code, 1860 — Section 34, 307, 323, 341
CASE NUMBER
A. B. A. No. 5949 Of 2020
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Judgment

16 paragraphs · 339 words

Heard learned counsel for the petitioner, Ms. Vani Kumari and Ms. Niki Sinha, leaned A.P.P. for the State.

Petitioner seeks protection of anticipatory bail in terms of Section 438 of Cr.P.C in connection with Mango (Olidih) P.S. Case No. 163 of 2020

instituted under Sections 341/323/307/34 of Indian Peal Code, pending in the court of learned Judicial Magistrate, Jamshedpur.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R and the main accused person, namely, Kallu upon whom there is

allegation of assault along with one Aakash Singh of assaulting the informant, has been granted privilege of anticipatory bail by a Coordinate Bench of

this Court presided over by Hon'ble Mr Justice Rongon Mukhopadhyay today in A.B.A. No. 5840 of 2020. Petitioner has no criminal antecedent.

Therefore, he may also be granted the privilege of anticipatory bail.

Learned A.P.P. has opposed the prayer and submitted that during investigation, several persons have stated before the police in their statements

recorded under Section 161 of Cr.P.C about the involvement of this petitioner. However, she does not dispute that other named accused Kallu has

been granted anticipatory bail today by a Coordinate Bench of this Court.

Having regard to the aforesaid facts and circumstances and that the named accused Kallu has been granted anticipatory bail by Coordinate Bench of

this Court today in A.B.A No. 5840 of 2020, I am inclined to grant the privilege of anticipatory bail to this petitioner. Accordingly, petitioner above

named, in the event of his surrender or arrest within a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Jamshedpur in connection with Mango (Olidih) P. S.

Case No. 163 of 2020, subject to the condition as laid down under Section 438(2) of Cr.P.C. Petitioner shall cooperate in the investigation. Petitioner

and his bailors shall not change their address or mobile phone number without permission of the trial court.