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2025 DAILYLAW 6617 (JHR)

SHIV KUMAR SWARNKAR v. THE STATE OF JHARKHAND

A.B.A./2253/2025 · 2025-04-09

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:10938] IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No.2253 of 2025 ------ Shiv Kumar Swarnkar age 50 years old, son of Late Chhotelal Swarnkar, resident of village Shobhanpur Bhatta, P.O. & P.S.- Sahibganj, Dist.-Sahibganj .... .... …. 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 ------ Order No.02 Dated- 09-04-2025 Heard the parties. Apprehending his arrest in connection with Sahibganj Mahila P.S. Case No.16 of 2023 instituted for the offences punishable under Sections 341, 323, 456, 354, 504 and 506/34 of the I.P.C, 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 in furtherance of common intention with the co-accused persons outraged the modesty of the informant and assaulted her after trespassing to her house. It is submitted that the allegations against the petitioner are false. Drawing attention of this court towards para-9 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is then 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 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 Chief Judicial Magistrate, Sahibganj in connection with Sahibganj Mahila P.S. Case No.16 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 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.) Rohit/