Jharkhand High Court
Sharad Kumar Yadav vs The State Of Jharkhand .... .... Opp. ... on 17 August, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.5002 of 2022
1. Sharad Kumar Yadav
2. Aman Kumar @ Aman Bicchu
3. Ankit Kumar ..... ... Petitioners
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioners : Mr. Manoj Kumar Sah, Advocate
For the State : Mr. Praveen Kumar Appu, A.P.P.
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05/17.08.2022 At the very outset, learned counsel for the applicants has submitted
that the applicant no.1--Sharad Kumar Yadav has been arrested by the police during pendency of the present anticipatory bail application. As such, this anticipatory bail application is dismissed being not pressed on behalf of the applicant no.1.
This anticipatory bail application has been filed on behalf of the abovenamed applicants seeking anticipatory bail in connection with Godda (Town) P.S. Case No.111 of 2022 registered under Sections 147, 148, 149, 341, 323, 307/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Godda.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged against five named accused including the applicants and five to six unknown persons with the allegations that on 21.04.2022 he had gone along with his brother to attend marriage ceremony and in the night some dispute took place. Thereafter, ten to fifteen persons armed with lathi and danda started assaulting them in which the brother of the informant and other members of barat sustained injuries. Later on, the informant came to know that five named persons along with five to six unknown persons had assaulted them.
Learned counsel for the applicants has submitted that the allegations made against all the named accused and unknown persons are general and omnibus. As per F.I.R. allegation, the name of the present applicant along with co-accused figured in the F.I.R. on the basis of information received from the persons of locality. It is further submitted that none of the injured had assigned any specific role to the applicant. The applicant no.2 is having no criminal antecedent and the applicant no.3 is having criminal antecedent of two cases in which he is already on bail.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants and contended that in this occurrence, one person sustained grievous injuries but other sustained only superficial injuries.
-2-In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail, at this stage.
In the event of arrest, the abovenamed applicants, involved in the aforesaid case be released on anticipatory bail on his furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount to the satisfaction of the court concerned on the following conditions:-
i. The applicants shall make themselves available for interrogation by a police officer as and when required. ii. The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.
iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
iv. The applicants shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicants without any reference to this Court.
(Subhash Chand, J.) Rohit