Jharkhand High Court
Upendra Singh vs The State Of Jharkhand on 20 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8561 of 2021
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Upendra Singh .... .... .... 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. Pratiush Lala, Advocate
For the State : Mr. Abhay Kr. Tiwari, Addl.P.P
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Order No.02 Dated- 20.12.2021
Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects
pointed out by the stamp reporter within two weeks from the date of this order.
In view of personal undertaking given by the learned counsel for the
petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
Apprehending his arrest in connection with Jharia (Borragarh O.P.) P.S.
Case No.214 of 2015 corresponding to G.R. No.2375 of 2015 instituted under
Sections 147, 148, 149, 323, 324, 325, 307, 120 (B) of the Indian Penal Code,
Section 27 of Arms Act and Section 3/4 of Explosive Substance Act, 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 petitioner was the member of an unlawful
assembly and being armed with deadly weapons in prosecution of the common
object of the assembly, attempted to murder the members of the informant
party. It is submitted that the allegation against the petitioner is false. Drawing
attention of this Court to page-23-24 of the brief which is the copy of the
certified copy of the joint compromise petition filed by the parties in the court of
Sessions Judge, Dhanbad, learned counsel for the petitioner submits that it has
been mentioned therein that the parties have compromised the case and because
of some misunderstanding, this case was instituted. Drawing attention of this
Court page-28-30 of the brief which is the copy of the certified copy of the
judgment passed by Additional Sessions Judge-XIV, Dhanbad passed in
Sessions Trial No.393 of 2015 learned counsel for the petitioner submits that the
co-accused Shailendra Kumar Singh who was facing the trial, has been
acquitted consequent upon the informant and other witnesses not supporting
the case of the prosecution. It is lastly submitted that the petitioner is ready and
willing to co-operate with the investigation of the case. Hence, it is submitted
that the petitioner be given the privileges of anticipatory bail.
Learned Addl.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 A.C.J.M., Dhanbad within six weeks from today and in the
event of his arrest or surrendering, he will be enlarged on bail on furnishing bail
bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M., Dhanbad in connection with
Jharia (Borragarh O.P.) P.S. Case No.214 of 2015 corresponding to G.R. No.2375
of 2015 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 further conditions as laid down under Section 438(2) of the Code
of Criminal Procedure.
(Anil Kumar Choudhary, J.)
Animesh/
