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Tileshwar Yadav @ Tileshwar Gope vs State Of Jharkhand

Jharkhand High Court · Decided on 5 November 2020 · Citation: (2020) 11 JH CK 0030

HON’BLE JUDGES
Anil Kumar Choudhary, J
CASE NUMBER
A.B.A. No. 5604 Of 2020

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Judgment

7 paragraphs · 490 words

Heard the parties through video conferencing. Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Katkamdag P.S. Case No. 142 of 2019 instituted under Sections 323/325/379/504/506/341/307/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention of the co-accused persons attempted to murder the informant and others. It is submitted that the allegation against the petitioner is false. Drawing the attention of this Court at page nos. 21-23 (Annexure-3) of the brief, which is the copy of the memorandum of settlement between the parties before the mediator at Mediation Centre, Hazaribag, it is submitted that the parties have settled the dispute by the intervention of mediator at Mediation Centre, Hazaribag and the parties have settled the matter outside the court and the informant does not want to proceed with the case. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.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 of learned S.D.J.M., Hazaribag within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hazaribag in connection with Katkamdag P.S. Case No. 142 of 2019 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 he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.