Jharkhand High Court
Shambhu Kumar @ Sambhu Kumar vs The State Of Jharkhand on 5 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7455 of 2021
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Shambhu Kumar @ Sambhu 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. Pradipto Mitra, Advocate
For the State : Mr. Manoj Kr. Mishra, Addl. P.P.
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Order No.02 Dated- 05.10.2021
Heard the parties.
Learned counsel for the petitioner personally undertakes to
remove the defects as pointed out by the stamp reporter within two
weeks.
In view of the personal undertaking of the learned counsel for
the petitioner, the defects pointed out by the stamp reporter are
ignored for the present.
Apprehending his arrest, the petitioner has moved this Court for
grant of privilege of anticipatory bail in connection with Bistupur P.S.
Case No.204 of 2020 registered under sections 504/506/323/387/
420/406/452/448/34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the
allegation against the petitioner is that the petitioner was in love with
the daughter of the informant before marriage of her daughter and
later on a divorce petition was filed by the husband of the daughter of
the informant on the ground of her friendship with the petitioner and
relied upon the filthy messages purportedly sent by the petitioner to
the daughter of the informant; which messages suggest that even
after the marriage of the daughter of the informant, the petitioner
tried to contact her and wanted to meet her and also the petitioner
threatened the informant that if Rs.5,00,000/- was not paid then he
would make the photographs of the daughter of the informant viral.
It is further submitted that being annoyed with the fact that her
daughter is in love with the petitioner, the informant without
explaining the delay belatedly foisted this false complaint, which
upon being referred to police under Section 156 (3) Cr.P.C., the FIR of
this case has been registered. It is further submitted that the
allegations against the petitioner are all false and there is no averment
in the complaint that the complainant ever approached the police;
which creates a reasonable doubt about the case of the prosecution as
has been observed in the judgment of the Hon'ble Supreme Court of
India in the case of Priyanka Srivastava & Anr. vs. State of U.P. &
Ors. reported in (2015) 6 SCC 287. It is next submitted that the
petitioner has no criminal antecedent as has been mentioned in
paragraph no. 14 of the anticipatory bail application. It is then
submitted that the petitioner is ready and willing to cooperate with
the investigation of the case and also undertakes that he will annoy or
disturb the informant or her daughter in any manner during the
pendency of the case. Hence, it is submitted that the petitioner be
given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory
bail.
Considering the submissions of the counsels and the fact as
discussed above, I am of the opinion that it is a fit case where the
above named petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six
weeks from the date of this order, he shall be released on bail on
furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand)
with two sureties of the like amount each to the satisfaction of learned
C.J.M., Jamshedpur, in connection with Bistupur P.S. Case No.204 of
2020 with the condition that the petitioner will cooperate 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 with
further condition that the petitioner will annoy or disturb the
informant or her daughter in any manner during the pendency of the
case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
