Dego Saw Alias Khago Saw Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Dego Saw Alias Khago Saw Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted: petitioner to surrender within four weeks and, on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Koderma in connection with Jainagar P.S. Case No.85 of 2021, subject to co-operation with investigation, appearance before the IO as and when noticed, furnishing mobile number and Aadhar Card copy with undertaking not to change the mobile number, and Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Jainagar P.S. Case No.85 of 2021 (IPC Ss.147, 149, 307, 323, 325, 332, 333, 337, 338, 427, 504, 506), should be granted anticipatory bail.

Court's answer

Anticipatory bail extended to the petitioner considering the facts and circumstances of the case, the nature of allegation against him, the materials on record, and the fact that the co-accused had already been granted anticipatory bail.

Ratio / Principle

Petitioner directed to surrender within four weeks; on arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Koderma in connection with Jainagar P.S. Case No.85 of 2021.

Key takeaways

Bail conditioned on co-operation with the investigation, appearance before the investigating officer as and when noticed, furnishing his mobile number and Aadhar Card photocopy with an undertaking not to change the mobile number during pendency, and compliance with the conditions under Section 438(2) CrPC.ratio¶¶14

Detailed headnote1 paragraphs

Anticipatory bail granted — Dego Saw @ Khago Saw, apprehending arrest in Jainagar P.S. Case No.85 of 2021 (Ss.147, 149, 307, 323, 325, 332, 333, 337, 338, 427, 504, 506 IPC), arising from an FIR alleging illicit-liquor possession/distribution by Rameshwar Sao who, on being confronted by police, returned with a mob resulting in assault on a police officer and damage to their vehicle. Court extended anticipatory bail considering facts, nature of allegation, materials on record, and that the co-accused had already been granted anticipatory bail (A.B.A. No.4809 of 2021, order dated 29.07.2021, Coordinate Bench). Petitioner to surrender within four weeks; on arrest/surrender to be enlarged on bail bond of Rs.25,000/- with two like sureties before the learned SDJM, Koderma, conditioned on co-operation with investigation, appearance before the IO as noticed, furnishing mobile number and Aadhar Card copy with undertaking not to change the number, and S.438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1251 of 2024

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Dego Saw @ Khago Saw

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Ashim Kumar Sahani, Advocate For the State : Mr. Sanjay Kumar Srivastava, Addl.P.P ------

Order No.05/Dated- 03.05.2024

Heard learned counsel for the parties.

Apprehending his arrest in connection with Jainagar P.S. Case No.85 of 2021 instituted under Sections 147, 149, 307, 323, 325, 332, 333, 337, 338, 427, 504 and 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

As per FIR, the prosecution alleged that one Rameshwar Sao was involved in the possession and distribution of illicit liquor and when confronted by the police, he fled away and later returned with a mob, leading to a violent confrontation where a police officer was assaulted and their vehicle was damaged.

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 the petitioner was present at Rameshwar Saw’s house-shop during the police raid. Rameshwar Saw is the primary accused and the petitioner’s role in the alleged incident remains unspecified. Co-accused has already been extended privilege of anticipatory bail by the Coordinate Bench of this Court vide order dated 29.07.2021 passed in A.B.A. No.4809 of 2021. Petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail to him. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and also in view of the fact that co-accused person has been

granted anticipatory bail, 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 Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Koderma in connection with Jainagar P.S. Case No.85 of 2021 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.

(Pradeep Kumar Srivastava, J.)

Sachin/Simran