Karam Chand Hansda vs State Of Jharkhand

Subhash Chand, J

The defect as indicated out by the office is ignored, as prayed by learned counsel for the applicant.

Heard learned counsel for the applicant and learned APP for the State.

This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Siyaljori P.S. Case No.23/2021 under section 379/411, pending in the court of learned Judicial Magistrate, 1st Class, Bokaro.

Learned counsel for the applicant has submitted that FIR of this case was lodged against two named accused including the applicant with these allegations that the informant-Assistant Security of Electrosteel Ltd., Siyaljori, Bokaro had received secret information that from the gate-in-charge Shyam Bihari Pandey that certain articles were found loaded on Hywa No.JH09AB 5207 whose driver and cleaner managed to flee away. On search 50 pieces of IDLER CONVEYOR were recovered from the cabin of Hywa which was stolen from the plant. Both the persons who had fled away, were identified as driver - Karam Chand Hansda and cleaner-Bijay Kumar Pandey.

The learned counsel for the applicant also further submitted that the applicant was neither apprehended at the spot nor incriminating article was recovered from his possession. He was the driver of the vehicle and the alleged recovery of the stolen articles has been planted. As per information received on behalf of the applicant he is having no criminal antecedents The co-accused Vijay Kumar Pandey has been granted anticipatory bail in A.B.A. No.7459/2021 vide order dated 05.10.2021 by co-ordinate bench of this court. The applicant has been implicated in this case with object to humiliate him on being arrested by the police.

Learned APP for 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 applicant is entitled to be released on anticipatory bail, at this stage.

In the event of arrest, the above named applicant involved in the aforesaid case be released on anticipatory bail, on his furnishing bail bond of Rs.20,000/-(Rupees twenty thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions :-

i. The applicant shall make herself 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 them 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.