Jharkhand High Court
Ganesh Yadav vs The State Of Jharkhand ... Opposite ... on 10 August, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4145 of 2020
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1.Ganesh Yadav
2.Mintu Yadav @ Mintu Kumar Yadav
3.Karu Yadav @ Kamkhya Kumar Yadav
4.Sonu Yadav @ Sonu Kumar Yadav
5.Lalku Yadav @ Peman Kumar Yadav
6.Sandeep Yadav @ Sandeep Kumar Yadav @ Sandeep Kr. Yadav
7. Sachu Yadav @ Sachhu Kr. Yadav @ Sachu Kumar Yadav
8. Sakaldeo Yadav
9. Prakash Yadav
10.Ganesh Yadav
11.Sanjay Yadav
12.Dablu Kumar Yadav
13.Muneshwar Rana @ Muneshwar Sharma
14.Jaypal Yadav ... 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 : Mrs. Jasvindar Mazumdar, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P.
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Order No.04 Dated- 10.08.2021 Heard the parties through video conferencing. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Gidhour P.S. Case No.41 of 2019 registered under sections 145/ 147/148/149/151/152/153/186/188/189/353/341/342/323/307/ 504/332/506 of the Indian Penal Code.
Learned counsel for the petitioners submits that she does not press the prayer for anticipatory bail of the petitioner nos.1, 4 and 14 as the same has been dismissed as withdrawn in respect of the petitioner nos.1, 4 and 14 vide order dated 12.10.2020.
So far as the petitioner nos.2, 3 and 5 to 13 are concerned, the learned counsel for the petitioner nos.2, 3 and 5 to 13 submits that the allegation against them is that they were members of an unlawful assembly and in prosecution of common object of the assembly being armed with deadly weapons took persons inside a car as hostage consequent upon a car dashing one cyclist resulting in the death of the cyclist and when the police personnel reached the place of occurrence, they used criminal force against the police personnel deterring them from discharging their duties and caused injury to police constable 361- Sujit Kumar, police constable 449 Kishore Kumar, Pradeep Kumar Mehta, Ranjana Devi, the informant and further violated the order promulgated under Section 144 Cr.P.C. by the District Magistrate in view of Lok Sabha 2019 election and also violated the code of conduct besides stopping the polling parties who were returning with the Electronic Voting Machine after conducting the polling for vote in the said election. It is further submitted that the allegations against the petitioner nos.2, 3 and 5 to 13 are all false. It is then submitted that the petitioner nos.2, 3 and 5 to 13 are ready and willing to jointly pay Rs. 50,000/- i.e. Rs.10,000/- each to each of the victims as ad interim victim compensation without prejudice to their defence in this case and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. 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 nos.2, 3 and 5 to 13 be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four months from the date of this order, they shall be released on bail on jointly depositing five separate demand drafts of Rs. 10,000/- each i.e. a demand draft of Rs.10,000/- drawn in favour of police constable 361- Sujit Kumar, a demand draft of Rs.10,000/- drawn in favour of police constable 449 Kishore Kumar, a demand draft of Rs.10,000/- drawn in favour of Pradeep Kumar Mehta, a demand draft of Rs.10,000/- drawn in favour of Ranjana Devi and a demand draft of Rs.10,000/- drawn in favour of informant as ad interim victim compensation without prejudice to their defence in this case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chatra, in connection with Gidhour P.S. Case No.41 of 2019 with the condition that the petitioner nos.2, 3 and 5 to 13 will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner nos.2, 3 and 5 to 13 deposit the ad interim victim compensation amount, the court below is directed to issue notice to the victims and hand over the said demand draft to them, after proper identification.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-