Allowed

Dahu Yadav Alias Rajesh Yadav v. the State of Jharkhand

Jharkhand HC2 Mar 2023A.B.A./1063/2023

Case brief

AI extract

What is this about?

In this appeal for anticipatory bail, the Court granted permission to the petitioner to surrender within four weeks to secure bail under Section 438 CrPC, imposing conditions to cooperate with investigation and furnish bonds.

What did the court decide?

Anticipatory bail granted upon surrender within four weeks; conditions include furnishing bond of Rs. 20,000 with two sureties and cooperating with investigation.

Dahu Yadav Alias Rajesh Yadav Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1063 of 2023

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Dahu Yadav @ Rajesh Yadav .... .... …. 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. Sabyasanchi, Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P ------

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Order No.02 Dated- 02.03.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Sahibganj(M) P.S. Case No. 94 of 2022 instituted under Sections 341, 342, 323, 325, 307 and 504 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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It is alleged that on 23.08.2022 when the informant’s son was going to bring fodder for cattle from the field, the petitioner along with others assaulted and restrained on the part of his son and got bitten by the domestic dog of one co-accused Rahul Yadav.

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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. It is further submitted that there is no allegation of inflicting any injuries against the petitioner rather he was only present with main accused at the time of occurrence. Petitioner has no criminal antecedent and has falsely been implicated in this case. No specific overt act has been attributed against the petitioner. Co-accused with similar allegation has already been extended privilege of anticipatory bail the Co-ordinate Bench of this Court vide order dated 28.02.2023 passed in A.B.A. No.771 of 2023. Petitioner 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 surrendering, he will be enlarged on bail on furnishing bail bond of

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Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sahibganj in connection with Sahibganj(M) P.S. Case No. 94 of 2022 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.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Dahu Yadav Alias Rajesh Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dahu Yadav Alias Rajesh Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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