Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 958 (JHR)

Deepak Paswan Alias Deepak Kumar v. State Of Jharkhand

2019-04-30

ANIL KUMAR CHOUDHARY

body2019
JUDGMENT Anil Kumar Choudhary, J. - Apprehending his arrest in connection with Bankmore (Bhuli O.P.) P.S. Case No.314 of 2017 corresponding to G.R. No.4466 of 2017 instituted under Sections 341, 323, 326, 452, 307, 354, 379, 279, 336, 337, 504, 506 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. 2. Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State. 3. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons assaulted the father of the informant and caused grievous injury to him and also injured five members of the informant''s party. It is submitted that the allegation against the petitioner is false. It is next submitted that co-accused persons with similar allegations, have already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.08.2018 passed in A.B.A. No.1434 of 2018. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.10,000/-(Rupees ten thousand) without prejudice to his defence in this case in favour of the opposite party No.2 namely- Hanuman Singh. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. 4. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 5. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. 4. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 5. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Dhanbad within four weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.10,000/- (Rupees ten thousand) as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the opposite party No.2 namely- Hanuman Singh and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Bankmore (Bhuli O.P.) P.S. Case No.314 of 2017 corresponding to G.R. No.4466 of 2017 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 Aadhaar 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. 6. In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the opposite party No.2 namely- Hanuman Singh and on his proper identification, the court below shall handover the same to him forthwith.