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Bara Babulal Roy Alias Babulal Roy v. the State of Jharkhand

Jharkhand HC22 Dec 2021A.B.A./9595/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners in a case involving sexual assault and petty theft. The bail was conditioned upon the deposit of Rs. 40,000 as interim victim compensation and furnishing of bail bonds with two sureties, subject to cooperation with investigation.

What did the court decide?

Anticipatory bail granted on deposit of Rs. 40,000 interim victim compensation and furnishing of bail bond with two sureties within six weeks of the order.

Bara Babulal Roy Alias Babulal Roy Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 9595 of 2021

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Bara Babulal Roy @ Babulal Roy

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Chhota Babulal Roy @ Babulal Roy … Petitioners Versus

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The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Abhinay Kumar, Advocate For the State : Mr. Rakesh Ranjan, Addl. P.P. ------

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Order No.02 Dated- 22.12.2021

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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.

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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 Godda (Town) P.S. Case No.36 of 2021 registered under sections 147/148/149/323/354B/379/427 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 being members of unlawful assembly, in prosecution of common object of the assembly being armed with deadly weapons assaulted the informant and used criminal force with intent to disrobe her and also damaged the boundary wall of the house of the informant and iron rod worth Rs.11,000/- and also snatched her gold chain worth Rs.50,000/-. It is further submitted that the allegations against the petitioners are all false. It is then submitted that the petitioners undertake to jointly pay Rs. 40,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to cooperate with the investigation of

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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. 40,000/- 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., Godda, in connection with Godda (Town) P.S. Case No.36 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.

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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-

Bara Babulal Roy Alias Babulal Roy v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bara Babulal Roy Alias Babulal Roy v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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