Umesh Prasad Yadav Alias Umesh Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

Umesh Prasad Yadav Alias Umesh Yadav Vs the State of… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicant to surrender in the court below within four weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chatra, subject to Section 438(2) CrPC conditions; self-attested Aadhaar Card photocopy and an active mobile number to be submitted; I.A. No. 604 of 2024 also stands disposed of.

Issue for consideration

Whether the applicant, apprehending arrest in connection with Tandwa P.S. Case No. 90 of 2018 (G.R. No. 823 of 2018), should be granted the privilege of anticipatory bail.

Court's answer

The Court grants the privilege of anticipatory bail to the applicant.

Ratio / Principle

The applicant is directed to surrender in the court below within four weeks; in the event of his arrest or surrender, the court below shall enlarge him on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Key takeaways

Additional bail conditions: the applicant must submit a self-attested photocopy of his Aadhaar Card and an active mobile number to the court below, and keep the number unchanged during pendency of the case without prior permission of the court.ratio¶¶5

Detailed headnote1 paragraphs

Anticipatory bail granted — Umesh Prasad Yadav @ Umesh Yadav, apprehending arrest in Tandwa P.S. Case No. 90 of 2018 corresponding to G.R. No. 823 of 2018 (offence under Sections 17(i)(ii) of the C.L.A. Act), pending before the Chief Judicial Magistrate, Chatra, was granted the privilege of anticipatory bail. It was submitted that the applicant claimed innocence, undertook to cooperate with the investigating agency and participate in the trial, was roped in on the basis of confession of a co-accused, that several co-accused had already been enlarged on bail, and that he, formerly a Para Teacher, now works as an employee of Central Coalfield Limited; the State opposed the prayer. Directions: surrender within four weeks; on arrest or surrender, enlargement on bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to Section 438(2) CrPC conditions; self-attested Aadhaar Card photocopy and an active mobile number to be furnished and kept unchanged during pendency without prior permission of the court. I.A. No. 604 of 2024 also stands disposed of. Single Judge: Hon'ble Mr. Justice Rajesh Kumar; decided 22.01.2024.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 260 of 2024

Umesh Prasad Yadav @ Umesh Yadav ... ... Petitioner/Applicant

Versus

The State of Jharkhand … … ... Opposite Party

--------- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner/Applicant: Mr. Mohammad Asghar, Advocate For the State: Mr. Santosh Kumar Shukla, A.P.P. ---------

02/Dated: 22.01.2024

Heard the parties.

Apprehending his arrest, the applicant has approached this Court for grant of privilege of anticipatory bail, in connection with Tandwa P.S. Case No. 90 of 2018 corresponding to G.R. No. 823 of 2018 registered for the offence under Sections 17(i)(ii) of the C.L.A. Act., pending in the court of learned Chief Judicial Magistrate, Chatra.

Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. It has been submitted that the applicant has been roped in on the basis of confession of the co-accused and several co-accused have already been enlarged on bail. Further, it has been submitted that earlier the applicant was a Para Teacher now he is working as an employee in Central Coalfield Limited. On the above basis, prayer for anticipatory bail has been made.

On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail of the applicant.

Considering the above facts, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the applicant is directed to surrender in the court below within four weeks from today and in the event of his arrest or surrender, the court below shall enlarge the applicant on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Tandwa P.S. Case No. 90 of 2018 corresponding to G.R. No. 823 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further, this applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

In view of the disposal of the present anticipatory bail application, I.A. No. 604 of 2024 also stands disposed of.

(Rajesh Kumar, J.)

VK