Jharkhand High Court
Yogendra Mahto And Anr vs The State Of Jharkhand on 6 March, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 4615 of 2013
Yogendra Mahto &Anr ...... ..... ..... Petitioners
Versus
State of Jharkhand ...... ..... ..... Opposite Party
CORAM : HON'BLE MR. JUSTICE P.P. BHATT
For the Petitioner(s) : Mr. N.K.Pandey, Advocate
For the State : A.P.P.
2/ 06.03.2014Present application has been filed under sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioners are apprehending their arrest in connection with Mandu(W.B) P.S.Case No. 237 of 2010, corresponding to G.R. No.3222 of 2010, registered under sections 147/148/149/341/342/323/ 324/337 / 338/379/511/504/353/of the Indian Penal Code now pending in the court of learned Chief Judicial Magistrate, Hazaribagh.
Heard learned counsel appearing for the petitioners as well as learned APP appearing on behalf of the State. Perused the FIR and other papers attached to this petition.
Learned counsel for the petitioners submitted that petitioners are innocent persons and have been falsely implicated in the alleged crime and are not having any criminal antecedent. It is further submitted that the allegation against these petitioners is that they were part of the mob consisting about 500 villagers. The learned counsel for the petitioners submitted that the name of the petitioners have been disclosed on basis of the confessional statement of the coaccused. It is further submitted that there is no specific role attributed to the present petitioners and the allegations are general in nature. It is further submitted that similarly situated coaccused namely Rajendra Mahto and Rajo Devi have been granted anticipatory bail by this court vide order dated 12th February, 2014 in A.B.A No. 4248 of 2013 and 4450 of 2013. It is further submitted that the petitioners are ready and willing to cooperate with investigation of the case and shall abide the terms and conditions that may be imposed by this court.
Learned A.P.P. ,while opposing the anticipatory bail, submitted that the allegations against this petitioners is that they assembled near Laiyo police camp and attacked on the police camp and also assaulted the police personal and tried to snatched their arms and some of the police personal have received injuries. and therefore, there is a priama facie case against the petitioners, and therefore, looking to the seriousness of the allegation and gravity of the offence, the petitioners may not be granted anticipatory bail.
Considering the aforesaid rival submissions and on perusal of the materials placed on record prima facie it appears that there is no specific overt act of the petitioners and similarly situated coaccused have been granted anticipatory bail as per order dated 12.2.2014 and having regard to the facts and circumstances of the present case and more particularly, looking to the nature and gravity of accusation, the anticipatory bail application of the present petitioners deserves to be allowed. Accordingly, the petitioners, namely Yogendra Mahto and Santosh Kuma Mahto, in the event of their arrest or surrender within a period of two weeks from the date of this order, are directed to be released on executing bail bond of Rs.10000/(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Hazaribagh subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.
(P.P. Bhatt, J) SD/