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Judgment
Anil Kumar Choudhary, J
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with P.C.R. Case No.384 of 2018 registered under sections 323/341/427/379 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner assaulted the complainant and committed theft of his mobile phone. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner undertakes to pay Rs.5,000/- to the complainant without prejudice to his defence in this case and also undertakes to cooperate with the trial of the case and also undertakes that he will not annoy or disturb the complainant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. 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 above named 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 a demand draft of Rs.5,000/- drawn in favour of complainant without prejudice to his defence in this case 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., Godda, in connection with P.C.R. Case No.384 of 2018 with the condition that the petitioner will cooperate with the trial of the case with further condition that he will not annoy or disturb the complainant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the complainant and hand over the said demand draft to him, after proper identification.