Yogendra Saw Alias Yogendra Sao vs The State Of Jharkhand on 18 December, 2017

[Cites 9, Cited by 0]

Jharkhand High Court

Yogendra Saw Alias Yogendra Sao vs The State Of Jharkhand on 18 December, 2017

2. Petitioner is an accused for allegedly committing the offences punishable under Sections 115, 118, 385, 387, 307 and 120B of the Indian Penal Code, Section 25(1-B)a, 26 and 35 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

3. It is alleged that the police after receiving secret information, while patrolling, has arrested one Umesh. From the possession of said Umesh, several mobile phones, SIM Cards and other incriminating articles, like arms and ammunitions were recovered. Said Umesh disclosed the name of this petitioner as the Sanchalak-karta of Jharkhand Tiger Organisation, which is a banned extremist organization.

4. Learned counsel for the petitioner submits that the petitioner is absolutely innocent and he has not committed any offence. He submits that the petitioner is not named in the FIR and he has been made an accused, solely on the basis of confession of Umesh and there is nothing to link the petitioner with the aforesaid organisation. Petitioner is in custody since 22.02.2017. He submits that though there are 14 cases against him, including this case, he has been granted bail in all other cases. He also submits that in a case, in which the petitioner is an accused, the Hon'ble Supreme Court of India has granted him bail in Special Leave to Appeal (Crl.) No.7988 of 2017 with certain conditions. -: 2 :- He lastly submits that this petitioner is the Ex-Minister of the State of Jharkhand.

5. Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that the apprehended accused person has disclosed the name of the petitioner as the main person, who is running the banned organization. He submits that there are 14 cases pending against the petitioner, which is apparent from paragraph 68 of the Case Diary also. He submits that this petitioner is an Ex- Minister and there are chances that he will try to influence the witnesses through his supporters. He did not deny the fact that the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.7988 of 2017 has granted bail to this petitioner in another case with certain conditions.

6. I have gone through the records and have also gone through the order passed by Hon'ble Apex Court and have heard the parties. The petitioner has been made accused on the basis of confession. Petitioner was not apprehended on the spot.

7. In the bail order dated 15.12.2017, passed by Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) No. 7988 of 2017 (though the same arises out of different case) the Hon'ble Supreme Court has laid down the following conditions of bail so far as this petitioner is concerned: -

1) The petitioners shall stay in the city of Bhopal;

2) They shall not enter the State of Jharkhand, except for attending the court, and in the case of Nirmala Devi to attend the assembly also. The petitioners shall enter the State of Jharkhand duly escorted by the Jharkhand police and the expenses for the same shall be borne by the State of Jharkhand for such visits;

3) They shall not contact any witness and shall not tamper with -: 3 :- any evidence;

4) They shall be entitled to travel to other States after giving due intimation to the Superintendent of Police, Bhopal after disclosing their destination; and

5) They shall surrender their passport, if any in the trial Court at Jharkhand.

8. This order clearly suggests that the petitioner should not remain or stay in Jharkhand.

9. Thus, taking into consideration all other aspects of the present case, since the petitioner has not been apprehended on the spot and in this case his name has come only on the basis of confession made by co-accused and also taking into consideration the order passed by the Hon'ble Supreme Court, I am inclined to grant bail to the petitioner. Accordingly, the petitioner, namely, Yogendra Saw @ Yogendra Sao is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Hazaribag in connection with Barkagaon (Urimari) Police Station Case No.76 of 2017, corresponding to G.R. No.1175 of 2017, subject to the condition that the petitioner shall not try to contact any of the witnesses; shall not try to tamper with any evidence; he will not give any interviews in any news paper; nor will address any press conference in respect of this case. As per the condition, already imposed upon the petitioner, he will stay in the City of Bhopal.

( Ananda Sen, J.) Kumar/Cp-03

Unlock Advanced Research with PRISMAI

Jharkhand High Court