Jharkhand High Court
Debashish Bhattacharya @ Pinto @ ... vs The State Of Jharkhand ... Opposite ... on 26 November, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7725 of 2019
------
1. Debashish Bhattacharya @ Pinto @ Debasish Chakraborty
2. Chandradeo Singh @ Nandu ... Petitioners Versus The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. S.U. Sahay, Advocate
For the State : Mr. L. Sahay, Addl. P.P.
------
Order No.04 Dated- 26.11.2019
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sadar P.S. Case No.156 of 2014 corresponding to G.R. No.2149 of 2014 registered under sections 147/ 148/ 149/ 323/ 341/342 /307/ 353/337 /338 of the Indian Penal Code.
Heard learned counsel appearing for the petitioners and learned A. P.P. for the State.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were 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 petitioners 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 petitioners had never been a part of the mob. It is further submitted that the petitioners have co- operated with the investigation of the case and made themselves available to the Investigating Officer as and when required by him hence the Investigating Officer did not feel it necessary to arrest the petitioners during the course of the investigation but without arresting them, straightway the Investigating Officer has submitted charge-sheet against the petitioners. It is also submitted that the petitioners undertake that they will not tamper with the evidence. It is lastly submitted that the petitioners are ready and willing to co- operate with trial and to jointly pay ad interim victim compensation of Rs.10,000/- without prejudice to their defence in this case to the informant namely- Bans Narayan Singh. It is lastly submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide order dated 27.08.2019 in A.B.A. No.5206 of 2019. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes 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 J.M. 1st Class, Ranchi within four weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.10,000/- as ad interim victim compensation without prejudice to their 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) each with two sureties of the like amount to the satisfaction of learned J.M. 1 st Class, Ranchi in connection with Sadar P.S. Case No.156 of 2014 corresponding to G.R. No. 2149 of 2014 with the condition that petitioners 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 petitioners deposit 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.) Gunjan-