Allowed

Babu Lal Gorai v. the State of Jharkhand

Jharkhand HC7 Oct 2020A.B.A./4712/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to seven petitioners in a criminal case involving assault and theft. The High Court directed that bail is conditioned upon the deposit of interim victim compensation and adherence to specific undertakings regarding cooperation and non-disturbance.

What did the court decide?

Grant of anticipatory bail upon deposit of victim compensation and furnishing of bail bonds with sureties, subject to conditions of cooperation and non-disturbance.

Babu Lal Gorai Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4712 of 2020

¶2

Babu Lal Gorai

¶3

Chhotu Gorai

¶4

Gurupada Gorai @ Gurupado Gorai

¶5

Kamla Devi

¶6

Purnima Gorai

¶7

Babita Gorai

¶8

Pavitra Mahanty … Petitioners Versus

¶9

The State of Jharkhand … Opposite Party

¶10

------

¶11

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶12

For the Petitioners : Mr. A.K. Sahani, Advocate For the State : Mr. B.N. Ojha, Addl. P.P. For the Informant : Mr. A.K. Pandey, Advocate

¶13

------

¶14

Order No.02 Dated- 07.10.2020

¶15

Heard the parties through video conferencing.

¶16

Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

¶17

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

¶18

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Birsa Nagar P.S. Case No.03 of 2020 registered under sections 341/323/325/448/504/506/379/427/34 of the Indian Penal Code.

¶19

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners assaulted the informant by rod on his chest and snatched away his mobile, destroyed CCTV and also stolen two cameras and three hard disks from the Almirah and took away gold rings and broke the rib of the chest. It is further submitted that the allegation against the petitioners are all false and there is an inordinate delay in lodging the FIR as though the occurrence is of 21.12.2019, the FIR was

¶20

lodged on 03.01.2020. It is next submitted that the petitioner no.5 filed complaint being C/1 Case No.162 of 2018 against the informant and his two brothers. It is further submitted that the informant executed a deed of confirmation in favour of the petitioner no.3 vide land pertaining to plot no.2902 under Khata no.05 was sold to petitioner no.3 for a valuable consideration. It is next submitted that the dispute between the parties is a civil dispute. It is then submitted that the petitioners undertake to jointly pay Rs. 50,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and subject to final decision of the case and undertake to cooperate with the investigation of the case and also undertake that they will not will annoy or disturb the informant or any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

¶21

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

¶22

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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four months from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs. 50,000/- as ad interim victim compensation in favour of informant and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Jamshedpur, in connection with Birsa Nagar P.S. Case No.03 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not g annoy or disturb

¶23

the informant or any of 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.

¶24

In case, the petitioners deposit 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.

¶25

At the time of conclusion of the trial, the trial will pass appropriate order regarding the money if any, deposited by the petitioners with informant.

¶26

(Anil Kumar Choudhary, J . )

¶27

Sonu/Gunjan-

Babu Lal Gorai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Babu Lal Gorai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramsihashan Gupta Vs the State of Jharkhand

Madho Pandit Alias Mahadeo Pandit Vs the State of Jharkhand

Rajesh Nayak Vs the State of Jharkhand

Pramod Pandit Vs the State of Jharkhand

Dhanu Rana Vs the State of Jharkhand

MD Toushif Alam Vs the State of Jharkhand