Allowed

Laxman Rajak v. the State of Jharkhand

Jharkhand HC16 Feb 2022A.B.A./549/2022

Case brief

AI extract

What is this about?

In a petition for anticipatory bail, the High Court of Jharkhand allowed the grant of bail to a senior citizen petitioner facing criminal charges, directing him to surrender within four months and deposit a sum as a conditioned interim measure pending trial.

What did the court decide?

Grant of anticipatory bail conditioned upon surrender within four months, deposit of Rs.1,00,000, furnishing bail bond with sureties, and not disturbing the informant.

Laxman Rajak Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.549 of 2022

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Laxman Rajak .... .... …. Petitioner

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Versus

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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. Neeta Krishna, Advocate For the State : Mr. Manoj Kr. Mishra, Addl.P.P

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Order No.02 Dated- 16.02.2022

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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 Sonari P.S. Case No. 76 of 2021 instituted under Sections 323, 325, 341, 354, 427, 379, 448, 34 of the Indian Penal Code, 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 his common intention with the co-accused person assaulted the informant and outraged the modesty of his wife and daughter-in-law and also broke the TV, CCTV camera and removed the hard disk of CCTV camera and deleted the photos and pictures and also took away Rs.4,000/- from the purse of the daughter-in-law of the informant. It is submitted that the allegation against the petitioner is false and the co-accused has lodged SC/ST Birsanagar P.S. Case No.09 of 2021 against the informant and others. It is next submitted that the petitioner is a senior citizen and retired person. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and undertakes to pay Rs.1,00,000/- 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.

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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 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.1,00,000/- 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 J.M., Jamshedpur in connection with Sonari P.S. Case No. 76 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 with further condition that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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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.

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In case the petitioner deposits Rs.1,00,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.

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(Anil Kumar Choudhary, J . )

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Pappu/

Laxman Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Laxman Rajak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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