JITENDRA KUMAR ALIAS JITENDRA CHANDRAVANSHI ALIAS CHHOTU v. THE STATE OF JHARKHAND
A.B.A./7049/2024 · 2025-04-07
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27729 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27729 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:10624] IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7049 of 2024
------ Jitendra Kumar @ Jitendra Chandravanshi @ Chhotu age 32 years old, son of Krishna Prasad, resident of Village Ranka, P.O. & P.S. Ranka, District Garhwa
.... .... ….
Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Sabyasanchi, Advocate
For the State
: Mr. Achinto Sen, Addl. P.P
For the Informant : Mr. Rakesh Kr. Gupta, Advocate
------
Order No.04 Dated- 07-04-2025 I.A. No.4062 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant anticipatory bail application.
Since, the hearing of instant anticipatory bail application is taken up today, hence, this interlocutory application stands disposed of being infructuous.
(Anil Kumar Choudhary, J.) A.B.A. No.7049 of 2024
Apprehending his arrest in connection with Garhwa P.S. Case No.455 of 2024 instituted under Sections 309 (4) of the B.N.S., 2023, 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 petitioner has committed robbery and looted the jewelries of the informant. It is submitted that the allegation against the petitioner is false. It is further submitted that though the petitioner is not named in the F.I.R. yet he has been implicated in this case only on the basis of confessional statement of the co-accused persons.
Drawing attention of this Court towards the deposition of the informant who was examined as P.W.1 in G.R. Case No.894 of 2024; in which the trial was faced by the co-accused Manoj Thakur and others kept at page-7-9 of the brief of I.A. No.4062 of 2025, learned counsel for the petitioner submits that the informant has not supported the case of the prosecution and in para-12 has categorically stated that she does not want to proceed with the case and in para-13 she has categorically stated that she voluntarily compromised the case. Drawing attention of this Court towards para-10 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is then submitted that the petitioner waives his right of being put on T.I. parade and he will not question his identification by any of the witnesses during the trial on the ground that he was not put to proper T.I. parade. 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 being assisted by the
learned counsel for the informant oppose 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 C.J.M., Nagar Untari at Garhwa in connection with Garhwa P.S. Case No.455 of 2024 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, he will not question his identification by any of the
witnesses in the trial on the ground that he was not put on proper T.I. Parade and he will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Animesh/