The Court granted anticipatory bail to the petitioner facing robbery charges under IPC Section 392, directing surrender within four months and deposit of looted amount.
Granted anticipatory bail with conditions to surrender within four months, deposit Rs. 1,10,000/-, and furnish bail bond with sureties to the CJM.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.506 of 2022
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Md. Sarfaraj Ansarj @ Md. Sarfaraj
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mrs. Vandana Bharti, Addl.P.P
Order No.02 Dated- 10.02.2022
Heard the parties through video conferencing.
Learned counsel for the petitioners 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 personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Balumath P.S. Case No. 185 of 2021 instituted under Sections 392 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed robbery and looted motorcycle, readymade articles and cash amount of Rs.25,000/- from the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the looted motorcycle has been recovered. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay Rs.1,10,000/- without prejudice to his defence in this case to the informant subject to final decision of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four months from today and in the event of his arrest or
surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.1,10,000/- without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Latehar in connection with Balumath P.S. Case No. 185 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the same to him forthwith.
In case the petitioner deposits Rs.1,10,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J . )
Pappu/
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in proceedings under Sections 392 of the Indian Penal Code.
What conditions should be imposed on the petitioner upon granting anticipatory bail.
2 provisions across 2 enactments
Md. Sarfaraj Ansarj @ Md. Sarfaraj
State
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
