Tuna Das vs State Of Jharkhand

Heard the parties through video conferencing.

Apprehending his arrest in connection with Seraikella P.S. Case No. 13 of 2021 instituted under Sections 323, 341, 325, 307 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 petitioner attempted to murder the informant- Subhadra Devi. It is submitted that the allegation against the petitioner is false. It is next submitted that the injuries sustained by the victim is simple in nature. It is further submitted that the genesis of occurrence is a petty dispute between two family members. It is also submitted that the petitioner undertakes that the petitioner will not annoy or disturb the informant or any of her 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 and undertakes to pay ad interim victim compensation of Rs.5,000/- without prejudice to his defence in this case in favour of the informant. 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 of learned C.J.M., Seraikella within six weeks from today and in the event of their arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.5,000/- as ad interim victim compensation 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 to the satisfaction of learned C.J.M., Seraikella in connection with Seraikella P.S. Case No. 13 of 2021 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 numbers and photocopy of the Aadhar Card with an undertaking that he will not change his mobile numbers during the pendency of the case and with condition that the petitioner will not annoy or disturb the informant or any of her 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.

In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.