The learned single judge granted anticipatory bail to the petitioner in a case involving offences under IPC and the Excise Act, directing surrender within eight weeks and deposit of securities.
Anticipatory bail granted subject to deposit of Rs. 90,000 cash security, bail bond of Rs. 25,000 with two sureties, and surrender within eight weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 1051 of 2022
Uday Kumar Das … Petitioner
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rakesh Kumar Gupta ,Adv. For the State : Mr. Md.Hatim ,Addl. P.P.
02 / 22.02.2022 Heard the parties through Video Conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after resumption of the court in physical mode.
In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Satgawan P.S. Case No. 98 of 2021 registered under Sections 420, 272, 273, 34 of the Indian Penal Code and Section 47 (a) of the Excise Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the vehicle, which was seized while transporting foreign liquor. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 11 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient
security including cash security of Rs. 90,000/- 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 eight weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 90,000/- as cash security and 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 JMFC, Koderma in connection with Satgawan P.S. Case No. 98 of 2021 subject to the condition that the petitioner will co-operate with theInvestigation 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/-
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail pending investigation in the registered case.
1 provisions across 1 enactments
Uday Kumar Das
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
