Jharkhand High Court
Guddu Mian @ Md. Salim vs The State Of Jharkhand on 5 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2719 of 2021
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Guddu Mian @ Md. Salim .... .... .... 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 : Mrs. Jasvindar Mazumdar, Advocate
For the State : Mr. Suraj Verma, Spl.P.P
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Order No.02 Dated- 05.04.2021
Heard the parties through video conferencing.
Apprehending his arrest in connection with Madhupur P.S. Case No. 235 of
2008 corresponding to G.R. No. 590 of 2008 instituted under Sections 395 and 397
of the Indian Penal Code, the petitioner has moved this Court for grant of
privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation
against the petitioner is that the petitioners committed robbery and caused hurt to
the victim in commission of robbery. It is submitted that the allegation against the
petitioner is false. It is next submitted that the co-accused persons who faced the
trial in S.C. No.128 of 2011 have since been acquitted by the judgment dated
10.02.2015 passed by court of 1st Additional Sessions Judge, Deoghar. It is further
submitted that the petitioner waives his right of being put to T.I.P. and he will not
question his identification in the court by any witness on the ground that he was
not put on proper Test Identification Parade. It is lastly submitted that the
petitioner is ready and willing to co-operate with the investigation of the case and
undertakes to pay ad interim victim compensation of Rs.25,000/- without
prejudice to his defence in this case in favour of the informant. Hence, it is
submitted that the petitioner be given the privileges of anticipatory bail.
Learned Spl.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., Madhupur, Deoghar within six weeks 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.25,000/- 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., Madhupur, Deoghar in
connection with Madhupur P.S. Case No. 235 of 2008 corresponding to G.R. No.
590 of 2008 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 numbers and photocopy of the Aadhar Card with an
undertaking that he will not change his mobile numbers during the pendency of
the case and subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is
directed to issue notice to the informant and on her proper identification, the court
below shall handover the same to her forthwith.
(Anil Kumar Choudhary, J.)
Pappu/
