Allowed

Kailash Pandey v. the State of Jharkhand

Jharkhand HC17 Feb 2022A.B.A./923/2022

Case brief

AI extract

What is this about?

Single-judge High Court grants anticipatory bail to petitioners in anticipation of arrest. Court grants bail subject to conditions including payment of victim compensation, execution of bail bond with sureties, and strict instructions not to disturb the informant.

What did the court decide?

Petitioners granted anticipatory bail on payment of Rs. 50,000 victim compensation, Rs. 25,000 bail bond each with two sureties, and upon complying with specific conduct conditions.

Kailash Pandey Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 923 of 2022

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Kailash Pandey

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Nitish Kumar … Petitioners

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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 Petitioners : Mr. Ranjit Kr. Tiwari ,Adv. For the State : Mr. Subodh Kr. Dubey ,Addl. P.P.

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02 / 17.02.2022 Heard the parties through Video Conferencing.

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Learned counsel for the petitioners personally 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 the personal undertaking given by learned counsel for the petitioners the defects pointed out by the Stamp Reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Simaria P.S. Case No. 94 of 2021 registered under Sections 147, 148, 149, 323, 324, 307, 379, 354, 504, 506 of the Indian Penal Code.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and in prosecution of common object of the assembly, they attempted to murder the informant, her husband, her son and her daughter-inlaw and caused injuries to them and snatched away gold chain. 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 undertake to co-operate with the investigation of the case and to pay Rs. 50,000/- jointly to the

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informant as ad interim victim compensation without prejudice to their defence and they also undertake not to annoy or disturb the informant and her family members in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

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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 ACJM, Chatra in connection with Simaria P.S. Case No. 94 of 2021 subject to the condition that the petitioners will not annoy or disturb the informant and her 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.

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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 her favour on proper identification forthwith.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Kailash Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kailash Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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