Jharkhand High Court
Ashish Kumar Mandal @ Ashish Mandal vs The State Of Jharkhand .... .... ... on 23 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.3233 of 2022
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1. Ashish Kumar Mandal @ Ashish Mandal
2. Rajan Kumar Mandal @ Rajan Mandal
3. Akash Kumar Mandal @ Akash Kumar @ Akash Mandal .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Sanjay Kumar, Advocate For the State : Mr. Pankaj Kumar Mishra, Addl.P.P For the Informant : Mr. Prashant Kr., Adv.
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Order No.05 Dated- 23.11.2022 Heard learned counsel for the parties.
Apprehending their arrest in connection with Sariya P.S. Case No. 234 of 2021 instituted under Sections 147, 148, 149, 341, 323, 325, 307, 354-A, 354-B, 379, 504 and 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per F.I.R, the allegation is that on 15.09.2021 at about 8:00 am, petitioners along with other 20 unknown persons arrived at the house of informant and started abusing and outraged the modesty of the female inmates. It is further alleged that on protest of the informant's husband, he was also assaulted by iron rod on his head. It is further alleged that petitioners have snatched ornaments of the female inmates and threatened to kill them.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all as alleged in the F.I.R. Petitioners are not named in the FIR rather they have been dragged in this case due to restatement of the informant and other witnesses after due deliberation and concoction. It is next submitted that the informant's party is an aggressor party and a case being Sariya P.S. Case No.235 of 2021 has been lodged by one Arvind Kumar Mandal registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307 and 379 against the informant's party in which, petitioner party was assaulted by the informant and Rs.40,000/- had been snatched from him by the informant's party. There are general and omnibus allegations against the petitioners. Petitioners have no criminal antecedent. Co- accused-Suraj Saw and Bobby Gupta with similar allegation has already been extended privilege of anticipatory bail by this Court vide order dated 05.08.2022 passed in A.B.A. No.3594 of 2022. Petitioners undertake to co-operate with the investigation of the case. Hence, petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State being assisted by learned counsel for informant opposes the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation against the petitioners for causing grievous injuries on the head of the informant's husband. It is further submitted that petitioners are also involved in commission of theft of jewelry and outraging modesty of the female inmates members of the informant's party. Hence, petitioners may not be extended privilege of anticipatory bail.
Considering the facts and circumstances of this case and the nature of allegation against the petitioners coupled with materials available on record and in the light of submission of learned counsels, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Giridih in connection with Sariya P.S. Case No. 234 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 the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/