Jharkhand High Court
Santosh Kumar vs The State Of Jharkhand .... .... .... ... on 21 July, 2023
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2771 of 2023
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Santosh Kumar .... .... .... 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. Chandrajit Mukherjee, Advocate
For the State : Mr. Arup Kr. Dey, Addl.P.P
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Order No.04 Dated- 21/07/2023
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sadar P.S. Case No.156 of 2014 registered under sections 147, 148, 149, 323, 341, 342, 307, 353, 337, 338 of the Indian Penal Code Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was leading a mob of about 200 people armed with lathi and danda (stick) at the main gate of Administrative Building of Khelgaon and they surrounded the vehicle of the Circle Officer, Angara and misbehaved with her and they were trying to take away the Electronic Voting Machine (E.V.M.) kept in her vehicle and assaulted her driver and when the informant- Officer In-Charge of Tatisilway Police Station reached the spot and tried to intervene, the mob made a murderous assault upon the informant and the informant, to save his life ran towards the police force who were stationed at the main Administrative Building but the mob chased the informant and assaulted him severely and also pelted stones and the mob also assaulted the police personnel who came to the rescue of the informant. It is submitted that the allegations against the petitioner are all false. It is then submitted that for the self-same occurrence, on the basis of written report lodged by the B.D.O.- cum-Circle Officer, Angara, Ranchi Sadar P.S. Case No.155 of 2014 has also been instituted. It is then submitted that the petitioner had never been a part of the mob. It is further submitted that the petitioner has co-operated with the investigation of the case and made himself available to the Investigating Officer as and when required by him but the Investigating Officer did not feel it necessary to arrest the petitioner during the course of the investigation but without arresting him, straightway the Investigating Officer has submitted charge-sheet against the petitioner. It is also submitted that the petitioner undertakes that he will not tamper with the evidence. It is then submitted that the petitioner is ready and willing to co-operate with trial and to pay ad interim victim compensation of Rs.10,000/- without prejudice to his defence in this case to the informant namely- Bans Narayan Singh. Hence, it is submitted that on the principle of parity, the petitioner be also given the privileges of anticipatory bail.
Learned Addl.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 J.M. 1st Class, Ranchi within six 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.10,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant namely- Bans Narayan Singh and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned J.M. 1st Class, Ranchi in connection with Sadar P.S. Case No.156 of 2014 with the condition that he will co-operate with the trial of the case and will not tamper with the evidence 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 the informant namely- Bans Narayan Singh and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Animesh/