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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY, J.
Binod Gope S/o Bhikhan Gope – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. withdrawal of anticipatory bail prayers. (Para 1 , 2 , 3 , 4 , 5) |
| 2. application for anticipatory bail based on allegations. (Para 6 , 7 , 8 , 9) |
| 3. conditions for granting anticipatory bail. (Para 10) |
ORDER :
I.A. No. 13376 of 2024
1. Heard the parties.
2. Learned counsel for the petitioner submits that this interlocutory application has been filed for not pressing the prayer for anticipatory bail on behalf of the petitioner Nos.1 and 2 namely Binod Gope and Deepak Gope @Dipak Gope as they have been arrested.
3. Prayer is allowed.
4. Accordingly, this interlocutory application stands dismissed as withdrawn in respect of the petitioner Nos.1 and 2 namely Binod Gope and Deepak Gope @ Dipak Gope.
5. This interlocutory application stands allowed accordingly.
A.B.A. No. 7351 of 2024
6. Heard the parties.
7. Apprehending his arrest in connection with Patratu (Barkakana) P.S. Case No.166 of 2024 instituted under Sections 406 , 420, 467, 468, 471, 504, 506/34 of the INDIAN PENAL CODE , the petitioner No.3 namely Upendra Gope has moved this Court for grant of privileges of anticipatory bail.
8. Learned counsel appearing for the petitioner submits that the allegation against the petit
Anticipatory bail may be granted when allegations suggest a civil dispute rather than a clear criminal action, subject to conditions for cooperation and non-harassment.
The court may grant anticipatory bail when false allegations are claimed, provided petitioners assure cooperation in investigations and undertake to not disturb the informant.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
Court grants anticipatory bail to petitioners in a case alleging serious offences, emphasizing compliance with conditions and the non-interference with the informant.
Grant of Anticipatory Bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
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