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High Court of Jharkhand · body

2025 DAILYLAW 3265 (JHR)

SAIBOO GOPE v. THE STATE OF JHARKHAND

A.B.A./284/2025 · 2025-01-22

Anil Kumar Choudhary

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 284 of 2025 ------ Saiboo Gope, S/o Late Janardan Gope, aged about 78 years, residents of L.I.G. Flats bearing Flat No. 01/10, Road No.4, Adityapur -2, P.O. –Adityapur, P.S. –R.I.T., District – Seraikella-Kharsawan … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitesh Kumar, Advocate For the State : Mr. Bhola Nath Ojha, Spl. P.P. ------ Order No.02 Dated- 22.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with R.I.T. P.S. Case No.113 of 2023 arising out of Complaint Case No. 28 of 2023 registered under sections 341/452/323/379 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner trespassed to the house of the informant by breaking open the lock and committed theft of articles. It is further submitted that the allegations against the petitioner are all false and the petitioner is the owner of the land. It is then submitted that the Original Suit No. 10 of 2024 is pending against the petitioner for eviction of the petitioner from the suit property. It is next submitted that the petitioner is an old man. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Spl. 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Seraikella, in connection with R.I.T. P.S. Case No.113 of 2023 arising out of Complaint Case No. 28 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-