Jharkhand High Court
Kamlesh Yadav vs The State Of Jharkhand .... .... .... ... on 26 November, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7784 of 2019
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Kamlesh Yadav .... .... .... Petitioner
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 Petitioner : Mr. Md. Zaid Ahmed, Advocate
For the State : Mr. Arun Kr. Pandey, A.P.P
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Order No.04 Dated- 26.11.2019
Apprehending his arrest in connection with Manika P.S. Case No.31 of 2019 instituted under Sections 323, 341, 109, 326, 504/34 of the Indian Penal Code and Section 3/4 of the Witch Craft Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons called the mother of the informant Daain and assaulted her and caused her grievous injuries. It is submitted that the allegation against the petitioner is false. It is then submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members including the victim in any manner during the pendency of the case. 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.20,000/- without prejudice to his defence in this case in favour of the informant of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
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 Additional Chief Judicial Magistrate, Latehar 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.20,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant of this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, Latehar in connection with Manika P.S. Case No.31 of 2019 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 he will not annoy or disturb the informant or any of his family members including the victim 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 petitioner deposits the said demand draft, the court below is directed to issue notice to informant of this case and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Animesh/