Jharkhand High Court
Deepak Kumar Singh vs The State Of Jharkhand on 27 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8781 of 2021
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Deepak Kumar 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. Sheo Kumar Singh, Advocate
For the State : Mrs. Mohua Palit, Addl.P.P
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Order No.02 Dated- 27.11.2021
Heard the parties through video conferencing.
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 Kandi P.S. Case No. 12 of
2018 (G.R. No.97 of 2018) instituted under Sections 395/412 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 petitioner along with the co-accused person
committed robbery and looted cash of Rs.32,600/- and mobile phone. It is
submitted that the allegation against the petitioner is false. It is further
submitted that the petitioner has been implicated in this case only on the basis
of confessional statement of the co-accused person. 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 next submitted that the co-accused-
Chhotu Kumar Singh who has faced the trial, has since been acquitted in S.T.
No.06 of 2019 vide judgment dated 25.11.2019 passed by Additional Session
Judge-VI, Garhwa. It is lastly submitted that the petitioner is ready and willing
to co-operate with the investigation of the case and undertakes to pay
Rs.50,000/- without prejudice to his defence in this case to the informant subject
to final decision of this 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 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.50,000/- 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 each to the satisfaction of
learned CJM, Garhwa in connection with Kandi P.S. Case No. 12 of 2018 (G.R.
No.97 of 2018) 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 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 his proper identification, the
court below shall handover the same to him forthwith.
In case the petitioner deposits Rs.50,000/-, learned court below will pass
an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J.)
Pappu/
