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2025 DAILYLAW 29588 (JHR)

SUKHDEV RAVIDAS v. THE STATE OF JHARKHAND

A.B.A./8036/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.8036 of 2024 ------ 1. Sukhdev Ravidas 2. Gulabi Devi @ Gulapi Devi 3. Pratima Devi @ Pratima Kumari @ Pratima Devi .... .... …. Petitioners Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Vikash Anand, Advocate : Mr. Nilesh Kr. Gupta, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P ------ Order No.03 Dated- 07-01-2025 Heard the parties. Apprehending their arrest in connection with Dugdha P.S. Case No.29 of 2024 instituted under Sections 126, 115, 117, 109, 352 and 3 of the B.N.S., 2023, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners in furtherance of common intention with co-accused persons, attempted to murder the husband of the informant causing grievous injury and fracture in left temporal and left parietal bone of the victim. It is submitted that the allegation against the petitioners is false. It is next submitted that the allegation against the petitioner no.2 and 3 are general and omnibus in nature of only throwing stones at victim. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is direct and specific allegation against the petitioner no.1 of first assaulting on the head of the victim namely Rajkumar Ravidas with a stone and thereafter with iron rod, causing grievous injury on the head of the victim, hence, the custodial interrogation of the petitioner no.1 is required during the investigation of the case in order to find out the weapon of offence used in the occurrence. It is, therefore, submitted that the petitioner no.1 ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner no.1 namely Sukhdev Ravidas of assaulting on the head of the victim causing grievous injury on his head as well as the requirement of his custodial interrogation during the investigation of the case, this Court is not inclined to give the privileges of anticipatory bail to the petitioner no.1 namely Sukhdev Ravidas. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner no.1 is rejected. So far as the petitioner no.2 and 3 are concerned, the allegation against them is of only throwing stones, hence, this Court is inclined to grant privileges of anticipatory bail to the petitioner no.2 and 3. Accordingly, the petitioner no.2 and 3 are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bermo at Tenughat in connection with Dugdha P.S. Case No.29 of 2024 with the condition that the petitioner no.2 and 3 will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not disturb or annoy the informant or his family 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.) Abhiraj/