Upendra Yadav vs State of Jharkhand

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 Chhattarpur P.S. Case

No.162 of 2020 registered under sections 147/ 148/149/307/341/342/323/324/325/504/506 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons

attempted to murder the informant and his mother by assaulting them. It is further submitted that the allegations against the petitioner are all false and

the petitioner has been implicated in this case only because of previous land dispute. It is next submitted that the petitioner is ready and willing to pay

Rs.30,000/- 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 or his family members 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.30,000/- 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 Judicial Magistrate

-1st Class, Palamau at Daltonganj, in connection with Chhattarpur P.S. Case No.162 of 2020 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 or his family members 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 him, after proper identification.