Jharkhand High Court
Anish Yadav @ Dahu vs The State Of Jharkhand ... ... Opposite ... on 6 September, 2024
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5936 of 2024
Anish Yadav @ Dahu ... ... Petitioner
Versus
The State of Jharkhand ... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Rakesh Kumar, Advocate For the State : Mr. Vishwanath Roy, A.P.P.
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Order No. 05 / Dated 06th September, 2024 Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.
2. The petitioner is an accused in connection with Sahibganj (T) P.S. Case No. 63 of 2023, registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act, pending in the Court of Learned Chief Judicial Magistrate, Sahibganj.
3. It is submitted on behalf of the petitioner that as per the allegation set out in the F.I.R., the petitioner along with the co-accused persons have assaulted the informant and also one Saheb Qureshi and one another person i.e. Asgar Ansari. It is submitted on behalf of the petitioner that he is quite innocent as he has not been named in the F.I.R. and no overt act has been attributed against him in the F.I.R and the entire allegation as per the F.I.R are on Vishal @ Vishal Kumar Rajak and Karan and 10-15 unknown persons and the said Vishal Kumar @ Vishal Kumar Rajak is said to have been enlarged on bail by the co-ordinate Bench of this Court vide B.A. No.2780 of 2024 dated 25.04.2024 which is annexed along with the bail application. It is submitted that name of this petitioner has surfaced on the basis of confessional statement of Abhay Kumar @ Sudhanshu as evident from para 110 of the Supplementary case diary and this petitioner is in jail since 25.04.2024 and charge-sheet in this has been submitted. It has also been submitted that petitioner has no criminal history as evident from para 15 of the bail application and therefore this petitioner deserves to be enlarged on bail.
4. On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that this petitioner is also involved in causing bullet injury to the injured persons and therefore he does not deserve to be enlarged on bail but the learned APP did not controvert this fact that the similarly situated co- accused person namely Vishal Kumar @ Vishal Kumar Rajak has been granted bail by the co-ordinate bench of this Court.
5. Having heard the parties, perused the records of this case.
6. In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) P.S. Case No. 63 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.
(Navneet Kumar, J.) Basant/S. Das 2 B.A. No.5936 of 2024