Anup Das Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Anup Das Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted — petitioners directed to surrender before the learned Court within three weeks; upon surrender/arrest to be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 120 of 2023, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, who are apprehending arrest in Jamtara P.S. Case No. 120 of 2023 (Sections 353, 323, 504, 506, 34 IPC), are entitled to anticipatory bail.

Ratio / Principle

In view of the general and omnibus allegations against the petitioners, their absence from the spot, and anticipatory bail already granted to a co-accused in A.B.A. No. 10785 of 2023, the Court is inclined to grant anticipatory bail to the petitioners.

Key takeaways

The petitioners are directed to surrender before the learned Court within three weeks and, upon surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 120 of 2023, subject to the conditions under Section 438(2) CrPC.ratio¶¶10

Detailed headnote1 paragraphs

Anticipatory bail — Application under Section 438 CrPC by two named accused (Anup Das and Lalan Yadav) apprehending arrest in Jamtara P.S. Case No. 120 of 2023, registered under Sections 353, 323, 504, 506 and 34 IPC and pending before the Chief Judicial Magistrate, Jamtara. Counsel urged that four persons were named in the FIR, allegations of scuffling with the police were general and omnibus, and the petitioners were not present at the spot. The Court noted the co-accused had already been granted anticipatory bail in A.B.A. No. 10785 of 2023 and, considering the general and omnibus nature of the allegations and the petitioners' absence from the spot, granted anticipatory bail: the petitioners were directed to surrender within three weeks and, on surrender/arrest, to be released on bail bonds of Rs. 25,000/- each with two sureties of the like amount, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 144 of 2024

Anup Das

Lalan Yadav ...... … Petitioners

Versus The State of Jharkhand .…. … Opposite Party

-------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Amitesh Kumar Geasen, Advocate For the State :Mr. Suraj Deo Munda, A.P.P.

06/ 14.05.2024 : Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Jamtara P.S. Case No. 120 of 2023, registered under sections 353, 323, 504, 506, 34 of the I.P.C., pending in the Court of learned Chief Judicial Magistrate, Jamtara.

Learned counsel for the petitioners submits that four persons are named in F.I.R. and other persons were there. He submits that there are general and omnibus allegation against the petitioner. He further submits that allegations are made that accused persons scuffled with the police. He submits that the petitioners were not present at the spot.

Learned counsel for the State opposes the prayer on the ground that allegations are there.

Considering that there is general and omnibus allegation against the petitioners, the petitioners were not present at the spot and coaccused has been provided privilege of anticipatory bail in A.B.A. No. 10785 of 2023, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand)each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara P.S. Case No. 120 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

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