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2018 DIGILAW 2492 (JHR)

Anil Kumar Chourasia v. State of Jharkhand

2018-11-19

ANIL KUMAR CHOUDHARY

body2018
JUDGMENT : 1. Heard learned counsel for the appellant and learned counsel for the State being assisted by the learned counsel for the respondent No.2. 2. This appeal has been preferred by the appellant being aggrieved by the order dated 23.07.2018 passed in A.B.P. No.140 of 2018 by the learned Additional Sessions Judge-I, Chaibasa in connection with Gua (Bara Jamda) P.S. Case No.36 of 2017 corresponding to G.R. No.618 of 2017 registered for the offence punishable under Sections 341/323/504/506/379 of the Indian Penal Code and under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, whereby and where under the learned Additional Sessions Judge-I, Chaibasa rejected his prayer for anticipatory bail. 3. Learned counsel for the appellant submits that the learned court below failed to take note of the fact that there is no averment or information to suggest that the appellant is not the member of the Scheduled Castes or the Scheduled Tribes and there is no specific allegation that the alleged occurrence took place in a place within public view. It is further submitted by the learned counsel for the appellant that the learned court below failed to take note of the fact that this case has falsely been foisted because of the money dispute between the parties and drawing attention of this Court towards Annexure-2 at page-23 of the brief, learned counsel for the appellant submits that the informant has acknowledged his joint liability to the extent to pay Rs.50,000/- and undertook that he will pay the same in installments of Rs.5,000/- per month. It is lastly submitted that the appellant is ready and willing to pay Rs.10,000/-(Rupees ten thousand) as ad interim victim compensation to the informant/respondent No.2 of this case namely Madan Champia and he further undertakes that he will not disturb or annoy the informant/respondent No.2 of this case namely Madan Champia in any manner during pendency of this case. Hence, it is submitted that the impugned order be set aside and the appellant be given the privileges of anticipatory bail. 4. Learned Addl.P.P. appearing for the State being assisted by the learned counsel for the respondent No.2 defended the impugned judgment. 5. Hence, it is submitted that the impugned order be set aside and the appellant be given the privileges of anticipatory bail. 4. Learned Addl.P.P. appearing for the State being assisted by the learned counsel for the respondent No.2 defended the impugned judgment. 5. Considering the submissions of the learned counsels and facts of the case, the impugned order dated 23.07.2018 passed in A.B.P. No.140 of 2018 by the learned Additional Sessions Judge-I, Chaibasa in connection with Gua (Bara Jamda) P.S. Case No.36 of 2017 corresponding to G.R. No.618 of 2017, being not sustainable in law is set aside and the appellant named above is directed to surrender before the court below within four weeks from the date of this order. In case of the appellant being arrested or surrendering in the court of learned Chief Judicial Magistrate, Chaibasa within the stipulated time, he will be enlarged on bail on depositing a demand draft of Rs.10,000/-(Rupees ten thousand) as ad interim victim compensation drawn in favour of the informant/respondent No.2 of this case namely Madan Champia and 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, Chaibasa in connection with Gua (Bara Jamda) P.S. Case No.36 of 2017 corresponding to G.R. No.618 of 2017 with the condition that he will not disturb or annoy the informant/respondent No.2 of this case namely Madan Champia in any manner during pendency of this case. 6. In case the demand draft of Rs.10,000/-(Rupees ten thousand) as ad interim victim compensation is deposited in favour of the informant/respondent No.2 of this case namely Madan Champia, learned trial court will issue notice to him and handover the same to him forthwith, on proper identification. 7. This appeal stands allowed.