Jharkhand High Court
Narayan Baski vs The State Of Jharkhand ... Opposite ... on 22 December, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9521 of 2021
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1.Narayan Baski
2.Sandeep Hansda
3.Sanjay Hansda
4.Srinath Hansda @ Srinath Murmu
5.Kamalkant Soren @ Kamalkant Baski
6.Akash Hansda ... 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. J. Mazumdar, Advocate For the State : Mrs. Nehala Sharmin, Addl. P.P.
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Order No.02 Dated- 22.12.2021 Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.
In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chirkunda (Maithan) P.S. Case No.163 of 2019 registered under sections 147/148/149/341/342/323/324/325/307/427/379/353/332/333 of the Indian Penal Code.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the when police reached the place of occurrence on getting the information that one person was assaulted by the villagers ruthlessly, the petitioners along with the co-accused persons being members of an unlawful assembly being armed with deadly weapons used criminal force against the public servant-police personnel and deterred them from discharging their duties and caused injuries to Somen Chatraj and the Informant- A.S.I. -Chhatradhari Prasad Mehta and also damaged the windscreen of the Gipsy of police and police has to resort to firing to control the mob. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners undertake to jointly pay Rs.1,50,000/- i.e. a demand draft of Rs.50,000 drawn in favour of Somen Chatraj and a demand draft of Rs.50,000/- drawn in favour of the Informant- A.S.I. -Chhatradhari Prasad Mehta as ad interim victim compensation without prejudice to their defence in this case and also to deposit Rs.50,000/- with the Deputy Commissioner, Dhanbad, without prejudice to their defence in this case and also 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 petitioners 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 showing the proof of jointly depositing Rs.50,000/- with the Deputy Commissioner, Dhanbad and on jointly depositing two separate demand draft of Rs.50,000/- each i.e. a demand draft of Rs.50,000 drawn in favour of Somen Chatraj and a demand draft of Rs.50,000/- drawn in favour of the Informant- A.S.I. -Chhatradhari Prasad Mehta 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 Chief Judicial Magistrate, Dhanbad, in connection with Chirkunda (Maithan) P.S. Case No.163 of 2019 with the condition that the petitioners 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 with further condition that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the aforesaid victims i.e. Somen Chatraj and the Informant- A.S.I. - Chhatradhari Prasad Mehta and hand over the said demand drafts to them, after proper identification.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-