Jharkhand High Court
Kailash Thakur @ Kailu Thakur @ Kailash ... vs The State Of Jharkhand ... Opposite ... on 21 July, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 11606 of 2022
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1. Kailash Thakur @ Kailu Thakur @ Kailash Kr. Thakur
2. Roshan Kumar @ Roshan Kumar Thakur ... Petitioners Versus The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Ranjan Kr. Singh, Advocate
For the State : Mr. S.K. Dubey, Addl. P.P.
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Order No.05 Dated- 21.07.2023
Heard the parties.
Apprehending their arrest in connection with Godda (M) P.S. Case No.56 of 2020 instituted under Sections 147, 149, 341, 323, 307, 504 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly and in prosecution of the common object of the assembly being armed with deadly weapons, attempted to murder the informant, Nand Kishore Thakur and Mukesh Thakur. It is submitted that the allegation against the petitioners is false. It is further submitted that for the self-same occurrence, Godda (M) P.S. Case No.57 of 2020 has also been lodged from the side of the petitioners. It is also submitted that the petitioners had no intention to kill anybody. It is next submitted that the petitioners undertake that they will not disturb or annoy the informant or any of the victims in any manner during the pendency of the case. It is further submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.30,000/- without prejudice to their defence in this case in favour of the informant. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 27.10.2021 in A.B.A. No.8107 of 2021. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail on the principle of parity.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M., Godda within four months from today and in the event of their arrest or surrendering, they will be enlarged on bail on jointly depositing a demand draft of Rs.30,000/- as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Godda in connection with Godda (M) P.S. Case No.56 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not disturb or annoy the informant or any of the victims in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant of this case and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-