High CourtsSingle Bench

Umesh Yadav vs State Of Jharkhand

Jharkhand High Court · Decided on 2 November 2020 · Citation: (2020) 11 JH CK 0121

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 323, 341, 354B, 379, 452, 504 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5292 Of 2020
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Judgment

21 paragraphs · 461 words

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 Gawan P.S. Case No.49 of

2019 registered under sections 147/148/ 149/323/341/504/452/354B/379 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner outraged the modesty of the informant. It

is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner is ready and willing to pay Rs. 10,000/-

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 undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. 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. 10,000/- 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 J.M. 1st Class, Giridih,

in connection with Gawan P.S. Case No.49 of 2019 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 annoy or disturb the

informant in any manner during the pendency of the case subject to the 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 her, after proper identification.