Jharkhand High Court
Md. Saffique Ali @ Md. Safik Ali vs The State Of Jharkhand .... .... Opp. ... on 1 December, 2023
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8999 of 2023
Md. Saffique Ali @ Md. Safik Ali ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Aditya Aman, Advocate
Mr. Rishi Ranjan Vats, Advocate
For the State : Mr. Praful Jojo, APP
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03/01.12.2023 Heard learned counsel for the applicant and learned A.P.P. for
the State.
2. This bail application has been filed on behalf of the applicant- Md. Saffique Ali @ Md. Safik Ali with prayer to release on bail in connection with Mango P.S. Case No. 29 of 2022, G.R. Case No.568 of 2022 (S.T. Case No.355 of 2022), registered under Sections 399, 402 of IPC and 25(1-B)a/26/35 of Arms Act, pending in the court of the learned Additional Session Judge-IV, Jamshedpur.
3. Learned counsel for the applicant has submitted that the F.IR. of this case was lodged against four named accused including the petitioner and at the place of occurrence two persons were apprehended including the petitioner. From the possession of one apprehended person Wasim Ansari @ Wasim Khan @ Kale one country made pistol and two live cartridges were recovered. While from the possession of the petitioner two live cartridges are alleged to have been recovered.
4. Learned Counsel for the applicant has further submitted that the applicant has been falsely implicated in this case. The alleged recovery of the two live cartridges has been planted. There is no independent witness of the seizure memo. The applicant has been languishing in Jail since 23.01.2022 and the similarly situated co-accused Wasim Ansari @ Wasim Khan @ Kale has been granted bail in B.A. No. 5417 of 2022 vide order dated 15.09.2022.
5. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant but conceded on the point of parity.
6. In view of the submissions made and materials on record, the 2 B.A. No.8999 of 2023 bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) RKM