Devsagar Singh @ Deosagar Singh vs State Of Jharkhand

Subhash Chand, J

Heard learned counsel for the applicant and learned A.P.P. for the State.

This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Tandwa P.S. Case No.138 of 2020 registered under Sections 420/201/34 of the Indian Penal Code and Section 7 of Essential Commodities Act, pending in the court of learned S.D.J.M., Chatra.

Learned counsel for the applicant has submitted that FIR of this case was lodged against Jitendra Kumar Gupta with the allegation that as per secret information, informant conducted a raid in the house of Jitendra Kumar Gupta and illegal rice in 492 bags/sacks were recovered from the warehouse of Jitendra Kumar Gupta. Learned counsel further submits that applicant is innocent and has been falsely implicated in the present case. In the whole FIR, no allegation has been made against him and the alleged recovery of the rice was from the warehouse of Jitendra Kumar Gupta. The petitioner has no concerned with alleged recovery. It is further stated that the said Jitendra Kumar Gupta has also been granted anticipatory bail in A.B.A. No.1504/2021 vide order dated 22.03.2021 by a Co-ordinate Bench of this Court and the case of the applicant is on better footing.

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.

In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the application is entitled to be released on anticipatory bail, at this stage.

In the event of arrest, let the applicant-Devsagar Singh @ Deosagar Singh, involved in the aforesaid case, be released on anticipatory bail, on his furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-

i. The applicant shall make himself available for interrogation by a police officer as and when required.

ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.