Raju Swarnkar v. The State of Jharkhand

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. Zaid Ahmed, Advocate : Mr. Santosh Kr. Shukla, Addl. P.P. Order No.02 Dated- 23.06.2023 ------ Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa (M.P.L.O.P) P.S. case no. 296 of 2019 registered under Sections 409, 420, 34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of the Hywa vehicle loaded with coal by the informant firm for destination company at Nirsa but at the time of unloading there, it was noticed that instead of coal only stone chips, sand and coal waste was found. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 17 of the anticipatory bail application.

It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also ready and willing to pay Rs. 25,000/- as ad interim victim compensation to the informant without prejudice to his defence. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 03.03.2020 in A.B.A. No.839 of 2020. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail on the principle of parity. 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 ten weeks from the date of this order, the petitioner shall be released on bail on depositing Rs.

25,000/- by way of demand draft drawn in favour of informant as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Dhanbad in connection with Nirsa (M.P.L.O.P) P.S. case no. 296 of 2019 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. In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant and release the demand draft in his favour on proper identification forthwith. Sonu/Gunjan- (Anil Kumar Choudhary, J.)