Shani Chandravanshi Alias Shanni Kumar Alias Shani… — Anticipatory Bail | Jharkhand HC (2024)

Shani Chandravanshi Alias Shanni Kumar Alias Shani… — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the court below within three weeks, on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case no.79 of 2019, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in a case registered under Sections 143, 341, 323, 353, 283, 336 and 504 IPC (Garhwa P.S. Case no.79 of 2019), should be enlarged on anticipatory bail.

Court's answer

Having heard learned counsel for the parties and considering the materials available on record, the Court was inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

The petitioner, in event of his arrest or surrender before the court below within three weeks, shall be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case no.79 of 2019, subject to the conditions under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory Bail — Grant of. Petitioner apprehending arrest in Garhwa P.S. Case no.79 of 2019 registered under Sections 143, 341, 323, 353, 283, 336 and 504 IPC, concerning alleged defacement of the statue of Dr. Bhim Rao Ambedkar at Sahijna More, Garhwa and blocking of NH-75. Several similarly situated co-accused had already been granted anticipatory bail by a co-ordinate Bench of the Court. Held: petitioner enlarged on anticipatory bail — upon arrest or surrender before the court below within three weeks, release on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Garhwa, subject to the conditions under Section 438(2) Cr.P.C. (Rajesh Shankar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4011 of 2024

Shani Chandravanshi @ Shanni Kumar @ Shani Chandrawanshi .......... Petitioner. -VersusThe State of Jharkhand .......... Opp. Party. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Gopal K. Sinha, Advocate For the State : Mr. Someshwar Roy, APP ----- Order No.03 Date: 23.07.2024

The petitioner is apprehending his arrest in a case registered under Sections 143, 341, 323, 353, 283, 336 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. As per the allegation, the statue of Dr. Bhim Rao Ambedkar, at Sahijna More, Garhwa was defaced by some antisocial elements along with several other persons assembled there and they were raising slogans and abusive words against the administration. It has further been alleged that the petitioner along with other co-accused persons blocked NH-75 causing inconvenience to the public and when the police personnel tried to pacify the matter, they used criminal force against them and also obstructed them from discharging their official duties. It is further submitted that several similarly situated co-accused, namely, Mundrika Ram, Gopal Ram, Asharfi Ram, Shyam Bihari Ram, Md. Shakir @ Shakir Ansari, Arbind Kumar @ Arbind Toofani @ Arvind Kumar, Suraj Prasad Gupta, Ramjee Paswan, Vinay

Pal, Manoj Thakur, Ravindra Nath Thakur, Tahir Ansari, Rajesh Mehta @ Rajan Mehta, Kali Charan Mehta, Birendra Sao @ Birendra Prasad, Dharamraj Ram, Srawan Ram, Bharat Ram, Vinod Ram and Sanjay Kumar @ Sanjay Ram have already been granted anticipatory bail by a co-ordinate Bench of this Court. The petitioner has no criminal antecedent as has been stated in paragraph no.6 of the present anticipatory bail application. He also undertakes to co-operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail.

Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail.

Having heard learned counsel for the parties and considering the materials available on record, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released 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, Garhwa, in connection with Garhwa P.S. Case no.79 of 2019, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Rajesh Shankar, J.)

Sanjay/

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A.B.A. No.4011 of 2024