ANIL MAHTO ALIAS ANIL KUMAR v. THE STATE OF JHARKHAND
A.B.A./2947/2024 · 2025-01-23
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12934 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12934 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2947 of 2024
------ Anil Mahto @ Anil Kumar aged about 32 years S/O Ramlal Mahto, Resident of village- Salgawan P.O. Kadma, P.S. Katkamsandi, District- Hazaribagh
.... .... …. Petitioner
Versus The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Binod Kumar Dubey, Advocate
For the State
: Ms. Gautam Rakesh, Addl.P.P
------
Order No.05 Dated-23-01-2025
Heard the parties.
Apprehending his arrest in connection with Sadar (Bara Bazar) P.S. Case No.402 of 2023 instituted under Sections 354(C)/376/506/509/34 of the Indian Penal Code and Section 67/67(a) of the Information Technology Act, 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 mobile phone of the petitioner was used for making obscene video of the informant-victim viral on social media. It is submitted that the allegation against the petitioner is false. It is next submitted that the main allegation is against the co-accused Chandan Kumar. Learned counsel for the petitioner draws attention of this Court towards copy of the certified copy of the statement of the victim and her mother who have been respectively examined as PW.1 and PW.2 in S.T. Case No.428 of 2024 in which the co-accused namely Chandan Kumar is facing the trial have not supported the case of the prosecution and have been declared hostile. It is next submitted that the PW.1- victim has categorically stated that no occurrence as narrated in the FIR, has in fact taken place. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant-victim or any of their family member in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security
including cash security. 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 below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security 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, Hazaribagh in connection with Sadar (Bara Bazar) P.S. Case No.402 of 2023 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 he will not annoy or disturb the informant- victim or any of their family members in any manner during the pendency of the case and further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Choudhary, J.) Saroj/