Allowed

Azad Pandit v. the State of Jharkhand

Jharkhand HC1 Mar 2023A.B.A./896/2023

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the single-judge High Court granted the relief apprehending arrest in a private complaint case involving assault, robbery, and other offences, embedding standard bail conditions in the order.

What did the court decide?

Grant of anticipatory bail contingent upon surrender within four weeks, furnishing a bail bond of Rs. 20,000 with two sureties, and abiding by specific undertaking conditions.

Azad Pandit Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 896 of 2023

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Azad Pandit

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Anil pandit @ Anil Kumar Pandit

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Sunil Pandit

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Vikash Pandit

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Dwarika Pandit …… Petitioners

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Versus

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The State of Jharkhand

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Churaman Pandit ……Opposite parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Sudhir Kumar Roy, Advocate For the State : Mr. Rajesh Kumar, A.P.P.

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Order No.02/ Dated:01.03.2023

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Complaint Case No. 1051 of 2021 instituted under Sections 149, 323, 341, 452, 354(B), 379, 295A, 384, 427, 504, 506 of the Indian Penal Code, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

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As per complaint case, allegation is that accused persons by taking advantage of the fact that complainant’s sister and his nephew are handicapped, they used to regularly assault and disturb them. On 23.07.2021, all the accused persons attacked the complainant and his family members and misbehaved with the female inmates of the family and also took Rs. 20,000 cash and clothes of Rs. 10,000/- from the complainant’s family.

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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 earlier one case (annexure 3) has been lodged by petitioner no. 1 against the informant and

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his family members. It is submitted that this is a counter blast case due to land dispute between the parties. It is further submitted that all allegations are false and fabricated. Petitioners have no criminal antecedents. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and also abide by all terms and conditions which may be imposed in the matter of granting 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 Judicial Magistrate, Ist Class, Giridih in connection with Complaint Case No. 1051 of 2021 with the condition that they will co-operate with the trial 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/

Azad Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Azad Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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