ANAND PRASAD vs THE STATE OF JHARKHAND - 2024-01-02

O R D E R

Respondent no.2/victim - ‘X’ is appearing through video- conferencing.

At the request of Ms. Uttara Babbar, learned amicus curiae appearing on behalf of respondent no.2/victim - ‘X’, she is discharged from the conduct of the proceedings.

Leave granted.

Having heard the learned counsel for the appellant, learned counsel appearing on behalf of respondent no.1 – State and respondent no.2/victim in-person, we are of the view that the appellant – Anand Prasad has been able to make out a case for grant of anticipatory bail.

As per the assertions made in the complaint, the appellant –

Anand Prasad had got in touch with respondent no.2/victim - ’X’ some time in 2013-2014. Respondent no.2/victim - ‘X’ is about 36 years of age and the appellant – Anand Prasad is about 32 years of age. Respondent no.2/victim - ‘X’ had earlier made a criminal complaint under Sections 406 and 420 of the Indian Penal Code, 1860 (IPC), which was converted into a First Information Report (FIR). The appellant – Anand Prasad was granted anticipatory bail in the said case. Subsequently, the private complaint in question was filed by respondent no.2/victim - ‘X’.

Accordingly, it is directed that in the event of the appellant – Anand Prasad being arrested in connection with Complaint Case No. 4387 of 2022 pending in the Court of Chief Judicial Magistrate, Ranchi, Jharkhand for the offence(s) punishable under Sections 354, 406, 420, 120B, 504, 506, 34 and 376 of the IPC, he shall be released on bail by the arresting/investigating officer or the trial court on terms and conditions to be fixed by the trial court. In addition, the appellant – Anand Prasad shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.

Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.

We clarify that grant of anticipatory bail will not be treated as an expression of opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.

.................J.

(SANJIV KHANNA)

..................J.

(DIPANKAR DATTA)

NEW DELHI;

JANUARY 02, 2024.

ITEM NO.2 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 7119/2023

(Arising out of impugned final judgment and order dated 13-03-2023 in ABA No. 11518/2022 passed by the High Court of Jharkhand at Ranchi)

ANAND PRASAD Petitioner(s)

VERSUS THE STATE OF JHARKHAND & ANR. Respondent(s)

(IA No. 155827/2023 - APPLICATION FOR PERMISSION IA No. 183327/2023 - EXEMPTION FROM FILING O.T. IA No. 112345/2023 - EXEMPTION FROM FILING O.T.

IA No. 201594/2023 - PERMISSION TO FILE SUR-REJOINDER AFFIDAVIT)

Date : 02-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Jayesh Gaurav, Adv.

Mr. Ishwar Chandra Roy, Adv.

Ms. Diksha Ojha, Adv.

Mr. Sanjay Sharma, Adv.

Mr. Ranjan Nikhil Dharnidhar, AOR For Respondent(s) Mr. Vishnu Sharma, Adv.

Ms. Madhusmita Bora, AOR Mr. Pawan Kishore Singh, Adv.

Mr. Dipankar Singh, Adv.

Mrs. Anupama Sharma, Adv.

Ms. Uttara Babbar, Adv.

Ms. Sampriti Bakshi, Adv.

Respondent-in-person UPON hearing the counsel, the Court made the following

O R D E R

Leave granted.

It is directed that in the event of the appellant – Anand Prasad being arrested in connection with Complaint Case No. 4387 of 2022 pending in the Court of Chief Judicial Magistrate, Ranchi, Jharkhand for the offence(s) punishable under Sections 354, 406, 420, 120B, 504, 506, 34 and 376 of the IPC, he shall be released on bail by the arresting/investigating officer or the trial court on terms and conditions to be fixed by the trial court. In addition, the appellant – Anand Prasad shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT MASTER (SH) ASSISTANT REGISTRAR

(Signed order is placed on the file)