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2025 DAILYLAW 22948 (JHR)

DIYAM GUPTA ALIAS D M GUPTA v. THE STATE OF JHARKHAND

A.B.A./5544/2024 · 2025-01-21

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5544 of 2024 ------ 1. Diyam Gupta @ D.M. Gupta, aged about 36 years, s/o Ramnath Sah 2. Ramlal Gupta, aged about 32 years, s/o Ramnath Sah, both are r/o Village-Basdih Khurd, P.O. & P.S.-Ketar, Dist.- Garhwa, Jharkhand … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sheo Kr. Singh, Advocate For the State : Mrs. Lily Sahay, Addl. P.P. For the Informant : Mr. J.N. Upadhyay, Advocate ------ Order No.04 Dated- 21.01.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ketar P.S. Case No.35 of 2024 registered under sections 341/323/ 307/504/506/34 of the Indian Penal Code. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common intention with the co-accused persons attempted to murder the informant and his mother. It is further submitted that the allegations against the petitioners are all false. Drawing attention of this Court to I.A. No. 262 of 2025, it is jointly submitted by the learned counsel for the petitioners and the learned counsel for the informant that the informant and the petitioners have settled their dispute outside the Court, with the intervention of well-wishers, friends and relatives. It is next jointly submitted by the learned counsel for the petitioners and the learned counsel for the informant that due to misunderstanding, this instant case was lodged by the informant and the informant does not want to contest the case. It is then submitted that the petitioners undertake to cooperate with the investigation of the case and further undertake that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners 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 abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nagar Untari, Garhwa, in connection with Ketar P.S. Case No.35 of 2024 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, Interlocutory Application No. 262 of 2025 is disposed of accordingly. (Anil Kumar Choudhary, J.) Sonu/Gunjan-