Allowed

Sanjay Kumar Gupta Alias Sanjay Prasad Gupta v. the State of Jharkhand

Jharkhand HC19 Jan 2023A.B.A./8012/2022

Case brief

AI extract

What is this about?

Petitioners approached the High Court for anticipatory bail in connection with Meral P.S. Case No. 108 of 2022 alleging involvement in election-related violence. The Court granted anticipatory bail directing surrender within four weeks and imposing conditions including a bond of Rs. 20,000, sureties, cooperation with investigation, and stipulations on mobile numbers and Aadhar copies.

What did the court decide?

Grant of anticipatory bail directed surrender within four weeks on bond of Rs. 20,000 with two sureties and conditions to cooperate with investigation, appear as noticed, and furnish mobile number and

Sanjay Kumar Gupta Alias Sanjay Prasad Gupta Vs the State… — Quashing and FIR | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 8012 of 2022

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Sanjay Kumar Gupta @ Sanjay Prasad Gupta

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Brij Kishore @ Kitanu @ Birij Bihari @ Brij Kishore Prasad Gupta @ Kitani …… 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 PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Sabyasanchi, Advocate For the State : Mr. Tarun Kumar, A.P.P.

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Order No.05/ Dated:19.01.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Meral P.S. Case No. 108 of 2022 instituted under Sections 188, 147, 149, 341, 323, 337, 353, 307 of the Indian Penal Code, 25(1AB) of Arms Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., there is an allegation against 150-200 persons for stopping the vehicle carrying ballot box and tried to snatch their arms and started assaulting the police personnels.

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Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that there is no direct and specific allegation against the petitioners about stopping election officers and staffs rather village mukhiya Ramjee Paswan along with his associates have been alleged to have taken effective participation in the alleged offence who has been granted regular bail. Petitioners have no criminal antecedents. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting

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anticipatory bail to the petitioners. Hence, the petitioners 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 petitioners.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Garhwa in connection with Meral P.S. Case No. 108 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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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R.K/A.P.K.

Sanjay Kumar Gupta Alias Sanjay Prasad Gupta v. the State of Jharkhand

Case brief

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Sanjay Kumar Gupta Alias Sanjay Prasad Gupta v. the State of Jharkhand

Case brief

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