Karan Gope Alias Karan Yadav And Ors – Appellant
Versus
The State Of Jharkhand – Respondent
A.B.A. 80/2018
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.80 of 2018
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1. Karan Gope @ Karan Yadav
2. Upendra Gope
3. Anand Yadav
4. Ajay Gope
5. Naresh Gope
6. Roshan Kumar
7. Tunu Gope
8. Kallu Gope
9. Umesh Gope
10. Bablu Yadav
11. Shrawan Gope
12. Binod Gope
13. Chhotelal Yadav
14. Niranjan Gope @ Niranjan Yadav
15. Ramesh Gope
16. Prabhu Munda
17. Tarun Yadav
18. Vikram Kr. Yadav
19. Gully Yadav
20. Rajesh Gope
21. Deepak Gope
22. Kailash Yadav
23. Mithun Yadav
24. Prem Gope
25. Bahadur Gope
26. Picklu Mahto @ Tiklu Mahto
27. Parmeshwar Munda
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Petitioners
Versus
The State of Jharkhand
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.... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners
: Mr. Md. Imtiaz Khan, Advocate
For the State
: Addl.P.P.
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Order No.04 Dated- 28.02.2018
Apprehending their arrest in connection with Patratu P.S. Case No.213 of
2017 corresponding to G.R. No.937 of 2017 instituted under Sections 147, 148,
149, 341, 323, 324, 307, 448, 452, 379, 504, 506, 427 & 387 of the Indian Penal Code
and Section 27 of Arms Act & Section 147 & 174 of the Indian Railway Act, the
petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned
Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioners submitted that the
allegation against the petitioners is that the petitioners along with co-accused
person namely Chhotelal Karmali was demanding Rs.40,000/- as ransom from
the informant who was an authorized person for lifting goods from railway site.
On the date of occurrence, the petitioner along with co-accused persons
assaulted Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav,
Ranjeet Yadav and Sanjay Prakash Yadav and also looted a cash of Rs.1,10,000/-
which was kept for labourers. It is submitted that the allegations against the
petitioner are all false and the main allegation is against Chhotelal Karmali.
Drawing attention of this Court towards page-20 which is Annexure-2 of the
brief, learned counsel for the petitioners submits that for the same occurrence, a
counter case has also been registered as Railbarkakana P.S. Case No.07 of 2017.
It is lastly submitted that the petitioners are ready and willing to pay interim
compensation of Rs.10,000/-(Rupees ten thousand) each in favour of the victims
namely- Sukhdeo Yadav, Rajendra Yadav, Pradeep Yadav, Gopal Yadav,
Ranjeet Yadav and Sanjay Prakash Yadav. Hence, the petitioners may be given
the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for
anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and
circumstances stated above, I am inclined to grant privileges of anticipatory bail
to the petitioners. Accordingly, the petitioners are directed to surrender in the
Court of learned Judicial Magistrate, 1st Class, Ramgarh within four weeks from
today and in the event of their arrest or surrendering, the petitioners will be
enlarged on bail on depositing Rs.10,000/- (Rupees ten thousand) each as
interim compensation for the victims – Sukhdeo Yadav, Rajendra Yadav,
Pradeep Yadav, Gopal Yadav, Ranjeet Yadav and Sanjay Prakash Yadav and on
furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the
like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Ramgarh
in connection with Patratu P.S. Case No.213 of 2017 corresponding to G.R.
No.937 of 2017 subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure.
In case the petitioners deposit the ad interim victim compensation
amount of Rs.10,000/- (Rupees ten thousand) each, the court below is directed
to issue n
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