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Judgment
Learned counsel for the petitioner undertakes to remove the following surviving defects within a period of three weeks.
ix.(i) P.O. & P.S. name for natural guardian differs in vakalatnama from page 1.
(ii) Village name of natural guardian appears to be incomplete in vakalatnama.
(iii) Petitioner and his natural guardian name differ in entire brief from their respective executions.
(iv) Case registered u/s stated in para-1 & prayer portion appears to be incomplete.
(v) Amount appearing in impugned order differs from fardbeyan.
Heard learned counsel for the Petitioner and learned A.P.P for the State..
Petitioner seeks protection in terms of section 438 of the Cr. P.C in connection with Rajrappa P.S. Case No. 91/2020 instituted under sections 143, 147, 323, 307, 379 and 504 of the Indian Penal Code and pending in the Court of learned S.D.J.M., Ramgarh.
Learned counsel for the petitioner submits that allegations of assault by butt of revolver and injuries on the body of the Informant as also urination in his mouth by the accused person have not been supported by any material which has also been taken note of in the impugned order. Exaggerated allegations have been made in the FIR against the accused persons. Even as per the allegations in the FIR, petitioner is said to have snatched Rs. 1,500/- from the pocket of the Informant. Petitioner has no criminal antecedent. Therefore, he may be granted privilege of anticipatory bail in the event of unnecessary arrest.
Learned A.P.P has opposed the prayer.
Having considered the facts and circumstances and upon hearing the learned counsel for the parties and going by the allegations in the FIR that the petitioner has snatched Rs. 1,500/- from the pocket of the Informant, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner Md. Yusuf, in the event of his surrender or arrest within a period of four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Ramgarh in connection with Rajrappa P.S. Case No. 91/2020, subject to the condition as laid down under section 438(2) of the Cr. P.C. and the petitioner and his bailors shall not change their address or mobile no. without prior permission of the learned Trial Court. He will cooperate in the investigation.
