Single Judge Bench granted anticipatory bail to six petitioners accused under Sections 307, 323, 324, 325, 341, 34, 354, 504 IPC in an attempt to murder case.
Anticipatory bail granted subject to depositing Rs. 50,000 victim compensation and furnishing bond with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 1205 of2022
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Rahul Pandey ,Adv. For the State : Ms. Kumari Rashmi,Addl. P.P.
03 / 14.03.2022 Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bhelwaghati P.S. Case No. 33 of 2019 registered under Sections 323, 324, 325, 341, 354, 307, 504, 34 of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common intention with the co-accused persons, attempted to murder the informant and his family members and caused injuries to them. It is then submitted that the allegations against the petitioners are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and they undertake to pay Rs. 50,000/- jointly as ad interim victim compensation to the informant without prejudice to their defence and they also undertake not to annoy or disturb the informant or his family members in any manner during pendency of the case, hence, the petitioners be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 50,000/jointly by way of demand draft drawn in favour of informant as ad interim victim compensation without prejudice to their defence 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 JMFC, Giridih in connection with Bhelwaghati P.S. Case No. 33 of 2019 subject to the condition that the petitioners will not to annoy or disturb the informant or his family members in any manner during pendency of the case and 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.
In case of depositing aforesaid demand draft by the petitioners, learned court below is directed to issue notice to the informant and release the demand draft in his favour on proper identification forthwith.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners faced with murder and injury charges.
What conditions should be imposed on the grant of anticipatory bail.
Hiro Hazra and others
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
