The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving u/s 307/307 IPC and Arms Act. Upon arrest or surrender, he is to deposit victim compensation and furnishing bail bond with sureties.
Grant of anticipatory bail contingent on depositing victim compensation and furnishing a bail bond with sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 57 of 2019
Deepak Kumar … Petitioner Versus The State of Jharkhand … Opposite Party ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. S. Singh, Advocate For the State : Addl. P.P. ------
Order No.02 Dated- 14.01.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Kenduadih P.S. Case No.111 of 2017 (G.R. No. 2966 of 2017) registered under sections 147/148/149/323/307/354/504 of the Indian Penal Code and under Section 27 of Arms Act.
Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that there is no specific allegation of any overt act against the petitioner. The main allegation is against Manohar Paswan, Tasaur Ansari and Irfan and none of them are the petitioner before this Court. It is also submitted that this case has been falsely foisted because of union rivalry between the trade unions of the informant and the petitioner and 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 undertake to cooperate with the investigation 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
four 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-Manju Devi 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, Dhanbad, in connection with Kenduadih P.S. Case No.111 of 2017 (G.R. No. 2966 of 2017) 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 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- Manju Devi and hand over the said demand draft to her, after proper identification.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in the pending criminal case.
1 provisions across 1 enactments
Deepak Kumar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
