Allowed

Kailash Saw Alias Kailash Kumar v. the State of Jharkhand

Jharkhand HC2 Mar 2023A.B.A./1016/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner apprehending arrest in a case involving obstruction of traffic, assault on police, and violation of COVID-19 protocols. The petitioner was directed to surrender within four weeks and furnish a bail bond of Rs. 20,000 with two sureties.

What did the court decide?

Anticipatory bail granted; petitioner directed to surrender within four weeks with bail bond of Rs. 20,000 and two sureties.

Kailash Saw Alias Kailash Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1016 of 2023

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Kailash Saw @ Kailash Kumar .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Manish Kumar, Advocate For the State : Mr. Achinto Sen, Addl.P.P ------

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Order No.03 Dated- 02.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Barkagaon P.S. Case No. 149 of 2021 instituted under Sections 147, 148, 341, 323, 353, 188, 269 and 270 of the Indian Penal Code and Sections 2, 3 and 4 of Jharkhand State Epidemic Disease(Covid-19) Act and Section 51 of National Disaster Management Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per FIR, allegation is that petitioner along with other coaccused had sat on strike in front of mining company and they obstructed the traffic and mining work in violation of COVID-19 Protocol and when police arrived, they assaulted the police personnel and pelted stones on them.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis of suspicion. No specific overt act has been attributed against the petitioner and he has no criminal antecedent. Co-accused with similar allegation has already been extended privilege of anticipatory bail the Co-ordinate Bench of this Court vide order dated 30.09.2021 passed in A.B.A. No.7328 of 2021. Petitioner is simple labour and he undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended 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 facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or

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surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Hazaribag in connection with Barkagaon P.S. Case No. 149 of 2021 with the condition that he will cooperate 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.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Kailash Saw Alias Kailash Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kailash Saw Alias Kailash Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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