Gourav Agrawal @ Monti @ Gourav Agarwal v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Sabyasanchi, Advocate : Mr. Sardhu Mahto, A.P.P. -------- For the Petitioner For the State 04/08.08.2022 Heard learned counsel for the applicant and learned A.P.P. for the State. This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Dumka (M) P.S. Case No.257 of 2021 registered under Sections 342, 323, 385, 379, 504/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Dumka. Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against named accused—Gourav Agrawal and unknown persons with the allegations that on 27.12.2021, the informant was going by his pickup van and same was intercepted by the two miscreants, who were riding on a motorcycle. It is further alleged that the said miscreants began to beat him and on the point of knife, an amount of Rs.2200/- was snatched away and the informant also sustained injury in this occurrence.

On being alarmed by the informant, the persons of the locality attracted there and both miscreants managed to flee away. Learned counsel for the applicant has submitted that the applicant had also lodged the F.I.R. of the same occurrence against the driver of the alleged pickup van which was registered as Dumka (Muffassil) P.S. Case No.256 of 2021 (Annexure-2 to the present application) and, thereafter, the present F.I.R. was lodged. Indeed the applicant had also sustained injury and he was victim and this false case has been lodged against him. The applicant is having no criminal antecedent. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant. In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage.

In the event of arrest, the abovenamed applicant, involved in the aforesaid case be released on anticipatory bail on his furnishing bail bond of -2- Rs.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions:- i. ii. The applicant shall make himself available for interrogation by a police officer as and when required. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence. iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court. Rohit (Subhash Chand, J.)