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LANKESH SINGH v. THE STATE OF JHARKHAND

Court: High Court of Jharkhand

Bench: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

Judgment date:

Case summary

High Court of Jharkhand judgment dated 2020-02-03. LANKESH SINGH v. THE STATE OF JHARKHAND. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 171 of 2020 1. Lankesh Singh 2. Mahabir Oraon … Petitioners Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Rajan Sahay, Adv. For the State : Addl. P. P. 04 / 03. 02. 2020 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lalpur P. S. case no. 337 of 2019 registered under Sections 384/34 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that the co-accused persons putting the drivers of the auto rickshaws in fear were involved in collection of the extortion of money and upon seeing the police party, they fled away but they were apprehended and the apprehended persons disclosed the names of the petitioners to be the persons on whose instruction, they were collecting extortion money from the auto rickshaw drivers.

It is further alleged that the petitioners are the king-pin of the extortion of money from the auto drivers. It is then submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also ready and willing to pay Rs. 1,00,000/- jointly by way of four separate demand drafts of Rs.

25,000/- each drawn in favour of each of the victims namely Dilpu Singh, Anuj Thakur, Satendra Singh and Mahendra Rajak as ad interim victim compensation without prejudice to their defence and they undertake not to collect any money whatsoever from any person either on their behalf or on behalf of association namely Jharkhand Pradesh Diesel Auto Driver Union nor will they engage anybody to collect money in the name of the said association and will not annoy or disturb the drivers of auto rickshaws in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners.

Hence, in the event of arrest by the police or surrender within a period of four months from the date of this order, the petitioners shall be released on bail on depositing Rs. 1,00,000/-jointly by way of four separate demand drafts of Rs. 25,000/- each drawn in favour of each of the victims namely Dilpu singh, Anuj Thakur, Satendra Singh and Mahendra Rajak as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J. M. , Ranchi in connection with Lalpur P. S. case no.

337 of 2019 subject to the condition that the petitioners will not collect any money whatsoever from any person either on their behalf or on behalf of association namely Jharkhand Pradesh Diesel Auto Driver Union nor will engage anybody to collect money in the name of the said association and will not annoy or disturb the drivers of auto rickshaws in any manner during pendency of the case and they will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P. C. In case of depositing aforesaid demand draft by the petitioners, learned court below is directed to issue notice to the victims and release the demand draft in their favour on proper identification forthwith.

(ANIL KUMAR CHOUDHARY, J. ) Smita/-

Source: High Court of Jharkhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.