The single judge granted anticipatory bail to the petitioner apprehending arrest in a dowry/hurt case, releasing him upon surrender within six weeks subject to standard conditions.
The petitioner directed to surrender within six weeks on furnishing bail bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 1522 of 2020
Kailash Singh … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. R.N. Chatterjee , Adv. For the State : Mr. Azeemuddin , Addl. P.P.
02 / 04.01.2021 Heard the parties through Video Conferencing. Though notice was issued to opposite party no. 2 but no one turns up on behalf of opposite party no. 2 in spite of repeated calls.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sindri P.S. case no. 64 of 2018 arising out of complaint case no. 2581 of 2018 registered under Sections 341, 323, 326, 498A of the Indian Penal Code and section 3/4 D.P.Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the husband, treated his wife with cruelty in connection with demand of dowry and caused hurt to her. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail 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 learned J.M., 1st class, Dhanbad in connection with Sindri P.S. case no. 64 of 2018 arising out of complaint case no. 2581 of 2018 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile
number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
3 issues framed by the court
Whether antecedent criminal history of the petitioner could be grounds to deny anticipatory bail.
Whether the petitioner was proper to be granted anticipatory bail in the pendency of investigation.
Whether the petitioner could be released on bail upon his surrender before the court.
1 provisions across 1 enactments
Kailash Singh
The State of Jharkhand & Anr.
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
