Jharkhand High Court
Gulshan Kumar Singh vs The State Of Jharkhand ... Opposite ... on 7 January, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9126 of 2019
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Gulshan Kumar Singh ... 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. Saurabh Shekhar, Advocate
For the State : Mr. S.S. Kumar, Addl. P.P.
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Order No.02 Dated- 07.01.2020
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dumka (M) Masanjor P.S. Case No.147 of 2019 registered under sections 395 of the Indian Penal Code & under section 27 of the Arms Act.
Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed dacoity in a bus and looted Rs.2,51,000/- out of which Rs.1,11,000/- belongs to Rajesh, Rs.65,000/- belongs to Sahbaj of Bhagalpur, Rs.25,000/- belongs to the conductor of the bus namely Janardan Sah, Rs.50,000/- belongs to Nitin Sharma who was the driver of the said bus. It is, further, submitted that the allegation against the petitioner are all false and the petitioner is not named in the F.I.R. It is then submitted that the petitioner is a political and social worker. It is next submitted that the petitioner is ready and willing to pay Rs.2,51,000/- as ad interim victim compensation i.e. Rs.1,11,000/- to Rajesh, Rs.65,000/- to Sahbaj of Bhagalpur, Rs.25,000/- to the conductor of the bus namely Janardan Sah & Rs.50,000/- to the driver of the said bus namely Nitin Sharma without prejudice to his defence in this case and undertake to cooperate with the investigation of the case and also waives his right to be put on T.I. Parade and undertakes that he will not question his identification by any of the witnesses during the trial of the case on the ground that he was not put to proper T.I. Parade. Hence, it is submitted that the petitioner 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 be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of three months from the date of this order, he shall be released on bail on depositing four separate demand drafts i.e. demand draft of Rs.1,11,000/- drawn in favour of Rajesh, Rs.65,000/- drawn in favour of Sahbaj of Bhagalpur, Rs.25,000/- drawn in favour of the conductor of the bus namely Janardan Sah & Rs.50,000/- drawn in favour of the driver of the said bus namely Nitin Sharma as ad interim victim compensation 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 C.J.M., Dumka, in connection with Dumka (M) Masanjor P.S. Case No.147 of 2019 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that the petitioner waives his right to be put on T.I. Parade and undertakes that he will not question his identification by any of the witnesses during the trial of the case on the ground that he was not put to proper T.I. Parade and other 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 aforesaid victims and hand over the said demand drafts to them, after collecting address of the victims from the informant, if necessary.
(Anil Kumar Choudhary, J.) Sonu-