Jharkhand High Court
Bablu Kumar Yadav @ Bablu Kumar vs The State Of Jharkhand .... .... ... on 5 December, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8477 of 2019
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Bablu Kumar Yadav @ Bablu 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. Pramod Kr. Jha, Advocate
For the State : Mr. Suraj Deo Munda, A.P.P
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Order No.02 Dated- 05.12.2019
Apprehending his arrest in connection with Mohanpur P.S. Case No. 143 of 2019 instituted under Sections 392 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.
Learned counsel appearing for the petitioners submits that the allegation against the petitioner is that he along with co-accused person committed robbery and looted Rs.1,62,000/- and Samsung mobile handset of the informant. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-11 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.1,62,000/- without prejudice to his defence in this case to the informant and he waives his right of being put in any TI Parade and undertakes that he will not challenge his identification by any witness during the trial of the case on the ground that no proper TI Parade was held, hence, the petitioner be given the privilege of anticipatory bail.
Learned A.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 S.D.J.M., Deoghar within four months 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.1,62,,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Deoghar in connection with Mohanpur P.S. Case No. 143 of 2019 with the condition that he will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he waives his right of being put in any TI Parade and will not challenge his identification by any witness during the trial of the case on the ground that no proper TI Parade was held 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 and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Pappu/