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Devendra Kumar Alias Devendra Prasad v. the State of Jharkhand

Jharkhand HC24 Feb 2022A.B.A./1072/2022

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail to the petitioner in a case under Sections 420/468 IPC. The court stayed defects in the stamp paper based on a personal undertaking. Bail granted contingent on arrest or surrender within six weeks, subject to depositing money to the informant and furnishing a bond and sureties.

What did the court decide?

Petitioner granted anticipatory bail; to be released on depositing a demand draft of Rs.20,000/- to the informant and furnishing a bail bond of Rs.25,000/- with two sureties if arrested or surrenders

Devendra Kumar Alias Devendra Prasad Vs the State of… — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1072 of 2022

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Devendra Kumar @ Devendra Prasad Versus

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.... .... …. Petitioner

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The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Vikash Kumar, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P ------

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Order No.02 Dated- 24.02.2022

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Heard the parties through video conferencing.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after resumption of the court in physical mode.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest in connection with Pratappur P.S. Case No.23 of 1999 (G.R. No 544 of 1999) registered under Sections 420/468, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons has defrauded the informant by being instrumental in payment of Rs.20,000/- of the informant to co-accused Pramil Kumar. It is further submitted that the allegations against the petitioner are all false and the petitioner in not named in the FIR. It is next submitted that the petitioner was the B.D.O. at the relevant point of time. It is also submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 25.01.2022 passed in A.B.A. No.250 of 2022. It is then submitted that the petitioner undertakes to pay Rs.20,000/- to the informant without prejudice to his defence in this case, subject to final decision of the case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.20,000/- drawn in favour of informant without prejudice to his defence in this case subject to final decision of the case 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 S.D.J.M., Chatra in connection with Pratappur P.S. Case No.23 of 1999 (G.R. No.544 of 1999) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number 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 petitioner deposits the aforesaid demand draft, 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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At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the informant in connection with this case.

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(Anil Kumar Choudhary, J . )

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Animesh/

Devendra Kumar Alias Devendra Prasad v. the State of Jharkhand

Case brief

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Devendra Kumar Alias Devendra Prasad v. the State of Jharkhand

Case brief

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What did the court decide?

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