Jharkhand High Court
Aman Paswan @ Aman Kumar Paswan vs The State Of Jharkhand .... .... .... ... on 13 April, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2543 of 2022
------
1. Aman Paswan @ Aman Kumar Paswan
2. Mukesh Paswan @ Mukesh Kumar .... .... .... Petitioners Versus The State of Jharkhand .... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Ranjan Kr. Singh, Advocate
For the State : Mr. Arup Kr. Dey, Addl.P.P
For the Informant : Mr. P. K. Choudhary, Advocate
------
Order No.02 Dated- 13/04/2022
Heard the parties through video conferencing.
Apprehending their arrest in connection with Godda (M) (Motiya O.P.) P.S. Case No. 114 of 2021 instituted under Sections 147, 148, 149, 448, 323, 307, 379 and 354 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, being members of an unlawful assembly, armed with deadly weapons and in prosecution of the common object of the assembly, attempted to murder the informant and outraged the modesty of his wife and committed theft of Rs.800/- and damaged his motorcycle. It is submitted that the allegation against the petitioners is false. It is next submitted that for the self-same occurrence, one case being Godda (M) (Motiya O.P.) P.S. Case No.115 of 2021 was also instituted from the side of the petitioners against the informant and others. It is also submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 09.12.2021 passed in A.B.A. No.9135 of 2021. It is further submitted that the petitioners undertake that they will not annoy or disturb the informant or any of his family members in any manner during pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.40,000/- to the informant without prejudice to their defence in this case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant oppose 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.40,000/- 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) (Motiya O.P.) P.S. Case No. 114 of 2021 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 case and they will not annoy or disturb the informant or any of his family members in any manner during 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.) Animesh/