Suspects in a theft case with sections 457/380/411 IPC were granted anticipatory bail in Anchyal Pradesh by an order depositing victim compensation and furnishing a bail bond.
Anticipatory bail granted subject to deposit of Rs. 10,000 compensation, bail bond of Rs. 25,000 with two sureties, and cooperation with investigation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7449 of 2021
… Opposite Party------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mrs. Snehlika Bhagat, Addl. P.P.
------
Order No.02 Dated- 05.10.2021
Heard the parties.
Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.
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.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jagarnathpur (Pundag) P.S. Case No.160 of 2021 registered under sections 457/380/411 of the Indian Penal Code.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons committed theft of water pump by committing lurking house trespass from the house of the informant. It is further submitted that the allegations against the petitioners are all false. 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. Hence, it is submitted that the petitioners 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four 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 drawn in favour of informant without prejudice to their defence in this case 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 C.J.M., Ranchi, in connection with Jagarnathpur (Pundag) P.S. Case No.160 of 2021 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 subject to the conditions laid down under section 438 (2) Cr. P.C.
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.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
2 issues framed by the court
Whether anticipatory bail be granted to petitioners facing charges of theft and lurking house trespass in connection with Case No. 160 of 2021.
Whether the petitioners' undertaking to pay ad interim victim compensation and cooperate with investigation is sufficient for granting bail.
1 provisions across 1 enactments
Mustak Ansari
Noor Mohammad
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court