Jharkhand High Court
Ashok Yadav Alias Ashok Kumar Yadav vs The State Of Jharkhand ..... Opposite ... on 10 January, 2020
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
B.A. No. 10340 of 2019
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Ashok yadav alias Ashok Kumar yadav, son of Sri Bindeshwari yadav, resident of village-Dhawadih, P.O.-Palamu, P.S.- Lesliganj, District-
Palamu(Jharkhand) ......... Petitioner
Versus
The State of Jharkhand ..... Opposite Party.
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioner :Mr. Birendra Kumar, Advocate.
For the State :Mr. Moti Gope, A.P.P.
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03/10.01.2020. Heard, learned counsel for the petitioner and learned counsel for the State.
The petitioner has renewed his prayer of bail in connection with S. T. No.379 of 2019, arising out of Lesliganj P.S. Case No.131 of 2018, corresponding to G. R. Case No.237 of 2019, for the offence registered under Sections 147,148,149 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of CLA Act.
Learned counsel for the petitioner has submitted that earlier the prayer for bail of this petitioner was rejected, on 08.07.2019 passed in B.A. No. 4773 of 2019 though there is no legal material against the petitioner and he is in custody since 21.12.2018, only on the ground that petitioner has criminal antecedent of similar nature in connection with Balumath P. S. Case No.220 of 2018. Learned counsel for the petitioner has submitted that petitioner has remained in custody for morethan one year, as such, petitioner may be enlarged on bail on some strict conditions.
Learned counsel for the State has submitted that it is a case under CLA Act, as such, petitioner may not be enlarged on bail.
Considering the period of custody of the petitioner, petitioner is directed to be enlarged on bail, on furnishing bail bonds of Rs.10,000/-(Rupees Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-V, Palamu at Daltanganj in connection with S. T. No.379 of 2019, arising out of Lesliganj P.S. Case No.131 of 2018, corresponding to G. R. Case No.237 of 2019 with further conditions that:
-2-(i) One of the bailors should be family member of the petitioner.
(ii) The petitioner shall appear before the learned court below on each and every date till conclusion of the Trial and any default on the part of the petitioner shall entitle the Trial Court to cancel his bail bonds.
(Kailash Prasad Deo, J.) Jay/-