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Dhananjay Kumar Bhargava Alias Dhananjay Sharma Alias Dhananjay Kumar Bhargav v. the State of Jharkhand

Jharkhand HC10 May 2024A.B.A./1083/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case of alleged assault with lathi, danda and iron rod arising from a land dispute. The court granted anticipatory bail on furnishing bail bonds of Rs. 25,000 each with two sureties, subject to conditions including cooperation with investigation and compliance with Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted on bail bond of Rs. 25,000 each with two sureties, subject to Section 438(2) CrPC conditions.

Dhananjay Kumar Bhargava Alias Dhananjay Sharma Alias… — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 1083 of 2024

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Dhananjay Kumar Bhargava @ Dhananjay Sharma @ Dhananjay Kumar Bhargav

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Anuplal Sharma …… 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. Purnendu Kr. Jha, Advocate For the State : Mr. Fahad Allam, A.P.P. …..

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Order No.06/ Dated:10.05.2024

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Hanwara P.S. Case No. 59 of 2023 instituted under Sections 323, 325, 341, 307 and 504/34 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 FIR, there is allegation of assault and abuse by the accused persons of the informant, his father and his mother by lathi, danda and iron rod, due to which they sustained injuries.

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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 due to land dispute between the parties. There was sudden scuffle between the parties and exchange of assault on both sides. Injuries to the accused persons have been found to be simple in nature caused by hard and blunt objects. No offence under Section 307 IPC is attracted in this case. Other offences are bailable in nature. Petitioner no.1 is a handicapped person and petitioner no.2 is more than 75 years old sick and infirm person. 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 anticipatory bail to

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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.25,000/(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IIIrd- CumJudicial Magistrate, 1^st Class, Godda in connection with Hanwara P.S. Case No. 59 of 2023 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/

Dhananjay Kumar Bhargava Alias Dhananjay Sharma Alias Dhananjay Kumar Bhargav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dhananjay Kumar Bhargava Alias Dhananjay Sharma Alias Dhananjay Kumar Bhargav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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