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Naresh Das v. the State of Jharkhand

Jharkhand HC12 Sept 2019A.B.A./6182/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to three petitioners facing criminal charges arising from an assault on the informant. The court imposed conditions requiring surrender, depositing compensation, furnishing a bail bond with sureties, and cooperating with the investigation.

What did the court decide?

Anticipatory bail granted subject to surrender within eight weeks, deposit of demand draft, furnishing of bail bond with sureties, and cooperation with investigation under Section 438(2) CrPC.

Naresh Das Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6182 of 2019

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Naresh Das

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Chhabu Das

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Murari Das @ Murari Kumar

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.... .... …. Petitioners

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The State of Jharkhand

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.... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Rohit Agarwal, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P

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Order No.02 Dated- 12.09.2019

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Apprehending their arrest in connection with Jasidih P.S. Case No.458 of 2018 instituted under Sections 341/323/326/504/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioners and learned A.P.P appearing for the State.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners assaulted the informant- Mukesh Das and caused grievous injury on his leg. It is submitted that the allegation against the petitioners is false. It is then submitted that there was land dispute between the parties, hence, this false case has been instituted against the petitioners upon the informant sustaining injuries upon falling down after consuming liquor. It is also submitted that the informant is the agnate of the petitioners. It is lastly submitted that the petitioners are ready and willing to cooperate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.5,000/- without prejudice to their defence in this case in favour of the informant namely- Mukesh Das. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Deoghar within eight weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.5,000/- as ad interim

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victim compensation without prejudice to their defence in this case drawn in favour of the informant namely- Mukesh Das and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Jasidih P.S. Case No.458 of 2018 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant namely- Mukesh Das and on his proper identification, the court below shall handover the same to him forthwith.

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(Anil Kumar Choudhary, J . )

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Animesh/

Naresh Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Naresh Das v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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