Allowed

Nandlal Baitha v. the State of Jharkhand

Jharkhand HC10 Nov 2020A.B.A./5743/2020

Case brief

AI extract

What is this about?

High Court at Ranchi granted anticipatory bail to petitioners accused of attempted murder and related offences, directing deposit of interim victim compensation and furnishing of sureties and bonds under CrPC 438.

What did the court decide?

Grant of privilege of anticipatory bail in connection with Bhawanathpur P.S. Case No.137 of 2020 subject to deposit of victim compensation and furnishing of bail bonds.

Nandlal Baitha Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5743 of 2020

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Nandlal Baitha 2. Brijwasi Devi … Petitioners Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Anil Kumar, Advocate For the State : Mr. R. Vardhan, Addl. P.P.

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Order No.02 Dated- 10.11.2020

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Heard the parties through video conferencing.

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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.

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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.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bhawanathpur P.S. Case No.137 of 2020 registered under sections 341/323/307/504/34 of the Indian Penal Code.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common intention with the co-accused persons attempted to murder the informant and cause injuries to him. It is, further, submitted that the allegations against the petitioners are all false and for the selfsame occurrence, from the side of the petitioners, petitioner no.1 has lodged complaint case no.911 of 2020. It is also submitted that the petitioners are old persons. It is then submitted that the petitioners are ready and willing to jointly pay Rs. 10,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant in any

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manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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

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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 six weeks from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs. 10,000/- 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, Garhwa, in connection with Bhawanathpur P.S. Case No.137 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 annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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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.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Nandlal Baitha v. the State of Jharkhand

Case brief

What is this about?

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Nandlal Baitha v. the State of Jharkhand

Case brief

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What did the court decide?

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