Allowed

Pradeep Sahu v. the State of Jharkhand

Jharkhand HC1 Mar 2023A.B.A./950/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving communal violence charges, directing surrender and imposition of conditions including cooperation with investigation and furnishing of sureties under Section 438(2) CrPC.

What did the court decide?

Petitioner granted anticipatory bail directed to surrender within four weeks upon furnishing a bail bond of Rs. 20,000 with two sureties of like amount.

Pradeep Sahu 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. 950 of 2023

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Pradeep Sahu …… Petitioner

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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 Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Vijay Kumar Sinha, 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 his arrest in connection with Lohardaga P.S. Case No. 56 of 2022 corresponding to G.R. No. 287 of 2022 instituted under Sections 147, 148, 149, 341, 323, 324, 307, 353, 337, 338, 427, 435, 436, 120(B), 295(A), 296 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per F.I.R, allegation is that on 10.04.2022, on the occasion of Ramnavmi procession all of a sudden a communal violence took place between the Hindu and Muslim Community, in course of which several persons were injured and vehicles were also damaged. It is further alleged that when the informant and police party tried to pacify the matter, they were also attacked by pelting stones, lathi and danda.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is a local neighbour at the place of occurrence and his name has been falsely disclosed. No specific overt act has been attributed against the petitioner. Petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes 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 petitioner. 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 and submitted that petitioner is named accused along with other several persons involved in this case, hence, petitioner does not deserve anticipatory bail.

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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 petitioner. Accordingly, the petitioner is directed to surrender in the Court below 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 Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lohardaga in connection with Lohardaga P.S. Case No. 56 of 2022 corresponding to G.R. No. 287 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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R.K/

Pradeep Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Pradeep Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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