Jharkhand High Court
Vijay Das vs The State Of Jharkhand on 5 September, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 6105 of 2023
Vijay Das ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rishi Pallava ,Adv.
For the State : Mr. Shree Prakash Jha ,Addl. PP
03 / 05.09.2023
Heard the parties.
Apprehending his arrest, the petitioner has
moved this Court for grant of privilege of anticipatory bail
in connection with Pratappur P.S. Case No. 135 of 2021
registered under Sections 302, 201, 120B, 34 of the Indian
Penal Code.
Learned counsel appearing for the petitioner submits
that the allegation against the petitioner is that the petitioner
in criminal conspiracy with the co-accused persons, in
furtherance of common intention with the them, committed
the murder of a person, of the same name as that of the
petitioner i.e. Vijay Das. It is then submitted that the
allegations against the petitioner are all false and the
informant is not an eye witness to the occurrence. Drawing
attention of the court to the Annexure 3, which is the copy of
the petition filed by the informant, in the court of the SDJM,
Chatra, in Pratappur P.S. case no. 135 of 2021, it is submitted
that the informant has categorically stated that the
petitioner is no way involved in that case and the co-accused
persons, who have faced the trial, has already been acquitted
vide judgment dated 04.05.2023 in ST Case no. 220 of 2021,
consequent upon the informant- PW3 of that case,
disowning his statement, as made out in the FIR, and did not
state anything to implicate the co-accused persons in the
case and she or for that matter; no other witness has stated
anything against the petitioner. It is next submitted that the
petitioner is ready to co-operate with the investigation of the
case hence, the petitioner be given the privilege of
anticipatory bail.
The learned Addl. PP opposes the prayer for
anticipatory bail of the petitioner.
Considering aforesaid facts and circumstances of the
case, I am inclined to grant the privilege of anticipatory bail to
the petitioner. Hence, in the event of arrest by the police or
surrender within a period of six weeks from the date of this
order, the petitioner 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 SDJM, Chatra in connection with Pratappur P.S. Case
No. 135 of 2021 subject to the condition that the petitioner
will co-operate with the Investigation of the case and will
appear before the Investigating Officer as and when noticed
by him and will submit mobile number and photocopy of
Aadhaar card at the time of surrender in the court below with
an undertaking not to change mobile number during the
pendency of the case along with the other conditions laid
down under section 438 (2) Cr. P.C.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
