Allowed

Rajiv Kumar Pandey v. the State of Jharkhand

Jharkhand HC8 Mar 2018A.B.A./500/2018

Case brief

AI extract

What is this about?

A single judge granted anticipatory bail to the petitioner in connection with offences under the IPC and E.C. Act, subject to conditions including monetary deposit and cooperation with investigation.

What did the court decide?

Anticipatory bail granted subject to surrender within four weeks, deposit of Rs. 10,000, filing undertaking, and strict adherence to investigation cooperation.

Rajiv Kumar Pandey Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No.500 of 2018

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Rajiv Kumar Pandey …… Petitioner

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Versus

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The State of Jharkhand …........Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner :Mr. Nilesh Kumar, Advocate For the State :A.P.P.

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04/Dated: 08/03/2018

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The petitioner is apprehending his arrest in connection with Dumka P.S. Case No. 113 of 2017, corresponding to G.R. No. 870 of 2017 for the offence under sections 201, 353, 120B, 420 of the Indian Penal Code and under section 7 of the E.C. Act.

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Learned counsel for the petitioners has submitted that the petitioner has been falsely implicated in this case. From perusal of the F.I.R, no offence is made out agaisnt the petitioner. The petitioner has been implicatd in this case only on suspicion that he is the registered owner of Public Commercial Vehicle truck bearing No. JH-04D-6611.The petitioner was not present with the said truck nor there is any allegation of any overt act.

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Learned A.P.P opposed the prayer for anticipatory bail.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on the following grounds:

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(i) On the date of surrender the petitioner will deposit Rs. 10,000/- before the trial court.

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(ii) Deposition of aforesaid amount would be subject to result of the case and will not affect the case of petitioner during trial.

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(iii) Further, the petitioner will file undertaking on the date of his surrender before the trial court that he will co-operate with the investigation and he will remain physically present in the trial court as and when his presence is required.

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(iv) On the date of his furnishing bail bond, the petitioner will furnish his cell number and xerox copy of Aadhar card before the trial court.

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(v) If the I.O wants to get the statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioners and on the date fixed, the petitioner will appear before the Investigating Officer.

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(vi) If the petitioner fails to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P

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Accordingly, the petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand), with two sureties of the like amount each to the satisfaction of the court of learned S.D.J.M, Dumka in connection with Dumka P.S. Case No. 113 of 2017, corresponding to G.R. No. 870 of 2017 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O.

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(Anant Bijay Singh, J.)

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Satyarthi/-

Rajiv Kumar Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajiv Kumar Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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