Chandan Kumar Singh @ Chandan Deo Singh Vs State of Jharkhand And Ors

Jharkhand High Court 24 Mar 2021 A.B.A. No. 1085 of 2021 (2021) 03 JH CK 0214
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

A.B.A. No. 1085 of 2021

Hon'ble Bench

Anil Kumar Choudhary, J

Advocates

Anil Kr. Keshri, S.K. Jha

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 34, 307, 323, 341, 342, 504, 506
  • Code Of Criminal Procedure, 1973 - Section 438(2)

Judgement Text

Translate:

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned counsel for the petitioner, the

defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Jharia P.S. Case No.106 of

2020 registered under sections 341/342/ 323/504/506/307/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons in

furtherance of their common intention attempted to murder the informant. It is further submitted that the allegation against the petitioner are all false

and the injury sustained by the informant is simple in nature. It is then submitted that the petitioner is ready and willing to pay Rs. 5,000/- as ad interim

victim compensation to the informant without prejudice to his defence in this case and undertakes to cooperate with the investigation of the case and

also undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner

be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the informant opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing a demand draft of Rs. 5,000/- as ad interim victim compensation in favour of informant and on furnishing bail

bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dhanbad, in

connection with Jharia P.S. Case No.106 of 2020 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 Aadhar Card with an undertaking that he will not

change his mobile number during the pendency of the case and with further condition that he will not annoy or disturb the informant in any manner

during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to him, after proper identification.

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