A.B.A./3959/2012 of KRIPA SINDHU PRADHAN Vs The State Of Jharkhand on 21 December 2012

03/21.12.2012

IN THE HIGH COURT OF JHARKHAND AT RANCHIA.B.A. No. 3959 of 2012Kripa Sindhu Pradhan......…PetitionerVersusThe State of Jharkhand......... Opposite Party---CORAM: HON'BLE MRS. JUSTICE JAYA ROYFor the Petitioner: Mr. Rajiv Lochan, AdvocateFor the State: A. P. P.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with the case registered under Sections 147, 148, 149, 353,332, 335, 307, 324. 326 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R.. The F.I.R. has lodged against unknown. It is also submitted that contents of the F.I.R shows that a mob of 1800 to 2000 people collected infront of the company premises and they have started destroying the machineries and also assaulted the company employees, but there is no specific allegation against any of the person in the said F.I.R. It is further contended that regarding the same incidence two F.I.R have been lodged one by the C.O, Kharsawan i.e. Kharsawan P.S. Case No. 38 of 2011 and another by the Manager of the company i.e. Kharsawan P.S. Case No. 37 of 2011.

Learned counsel for the State has filed counter affidavit in this case and he has submitted that there is nothing specific allegation against the present petitioner. It is also submitted that a mob of 1800 to 2000 entered into the company premises and destroying the machineries and assaulted the company employees.

Considering the submissions made by both the parties and considering the fact that there is no specific materials either to destroy the machineries or to assault any of the employees of the company against the petitioner, and considering the fact that the petitioner is not named in the F.I.R., I direct the petitioner, above named, to surrender in the court below within a period of one month from the date of this order i.e. 21.12.2012. If he surrenders within the said period, the trial Court is directed to release him on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Saraikella in connection with Kharsawan P.S. Case No. 38 of 2011 corresponding to G.R. No. 554 of 2011, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the District concern and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Jaya Roy, J.)