Jharkhand High Court
Rajesh Tura Alias Prasad vs The State Of Jharkhand on 10 July, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
B.A. No. 4453 of 2014
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Rajesh tura @ Prasad @ Rajesh Kumar Turha ... Petitioner
-V e r s u s-
The State of Jharkhand ... Opposite Party
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CORAM: - HON'BLE MR. JUSTICE P.P. BHATT.
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For the Petitioner : - Mr. K. P. Choudhary, Advocate.
For the State : - A.P.P.
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02/10.07.2014The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Chandil P.S. Case No. 39 of 2014 corresponding to G. R. Case No. 242 of 2014 for the alleged offence punishable under Sections 272, 273 and 290 of the Indian Penal Code and Section 47 (A) of the Excise Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Sareikella.
Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State Perused the F.I.R. and other papers annexed to the application. The learned counsel for the petitioner submitted that the petitioner is an innocent person. However, he has been falsely implicated in the alleged offence, merely on suspicion. It is further submitted that the present petitioner was not caught red handed on the spot but the petitioner was named by two villagers and subsequently, the petitioner has been arrested in the alleged offence. It is further submitted that the petitioner is not having any criminal antecedents and he is ready and willing to abide by the terms and conditions that may be imposed by this Court. It is lastly submitted that the petitioner is in judicial custody since 29 th April, 2014.
The learned A.P.P. appearing for the State opposed the bail application and submitted that there is a prima facie case against the present petitioner of having involvement in the alleged offence but has not disputed the fact regarding criminal antecedents.
Regard being had to the aforesaid submissions and more particularly, in view of the fact that the petitioner is in judicial custody since 29th April, 2014 and having no criminal antecedents, this Court is of the view that the petitioner is required to be enlarged on bail. Accordingly, the petitioner, Rajesh tura @ Prasad @ Rajesh Kumar Turha is directed to be enlarged on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sareikella in connection with Chandil P.S. Case No. 39 of 2014 corresponding to G. R. Case No. 242 of 2014 subject to the following conditions;
1. that applicant shall abide by the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure,
2. that the applicant shall make himself available for interrogation by a police officer as and when required,
3. that applicant shall not commit an offence similar to the offence of which he is accused,
4. that applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence,
5. that the applicant shall not leave India without the previous permission of the Court.
(P.P. Bhatt, J.) APK