Uttam Mandal vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Nala P.S. Case No. 95 of 2020 instituted under Sections 147, 148, 149, 323, 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 was a member of the unlawful

assembly, being armed with deadly weapon and in prosecution of the common object of the assembly with the co-accused persons attempted to

murder the victims namely Mantri Mandal, Pratima Mandal, Ujjawal Mandal, Chayan Mandal, Sukhdeo Mandal, Banalata Mandal, Bishwanath

Mandal, Swapan Kumar Mandal. It is submitted that the allegation against the petitioner is false. It is next submitted that for the selfsame occurrence,

from the side of the petitioner vide Nala P.S. Case No.94 of 2020 has been instituted against the informant and others and as a counter blast this false

case has been foisted against the petitioner. It is then submitted that the petitioner undertakes that he will not annoy or disturb the informant or the

victims or any of their 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.45,000/-without prejudice to his defence in

this case to 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 within four months from today and in the event of his arrest or

surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.45,000/- 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 each to the satisfaction of learned CJM, Jamtara in connection with Nala P.S. Case No. 95 of 2020 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 with condition that he

will not annoy or disturb the informant or the victims or any of their 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 his proper identification, the

court below shall handover the same to him forthwith.