Devender Singh vs The State Of Jharkhand on 9 May, 2017

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Jharkhand High Court

Devender Singh vs The State Of Jharkhand on 9 May, 2017

Bench: Rajesh Shankar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI

                               B. A. No. 2060 of 2017

           Devender Singh @ Devendra Singh          ...     ...     Petitioner
                                  Versus
           The State of Jharkhand      ...      ...     ...     ...     Opp. Party
                                   ---
           CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
                                  ---
           For the Petitioner          : Mr. P.P.N. Roy, Sr. Advocate
                                         Mr. Somitra Baroi, Advocate
           For the Opp. Party          : Mr. Ram Prakash Singh, A.P.P.


5/09.05.2017

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 387,170,34 of the Indian Penal Code.

Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner never demanded any extortion nor visited the place of occurrence, as has been alleged by the informant in the F.I.R. Even if the contents of the written report is treated to be true, it will appear that there has been no physical overt act towards the alleged act of extortion by the petitioner and therefore Section 387 of the Indian Penal Code is not made out. There has been long standing enmity between the petitioner and the informant and the petitioner has been implicated in this case by the informant due to his personal grudge. Though there are few criminal cases pending against the petitioner, however, out of those, some cases have been lodged at the instance of the informant also. The informant himself is having criminal antecedents against him. The petitioner is in judicial custody since 31.01.2017, therefore, he may be given privilege of regular bail.

Learned A.P.P. opposes the petitioner's prayer for bail. Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad, in connection with Dhanbad P.S. Case No. 496 of 2016, corresponding to G.R. No. 2985 of 2016 subject to the condition that the petitioner shall co-operate in the trial and shall be present as and when required by the court, failing which the trial court is at liberty to pass appropriate order against the petitioner in accordance with law.

(Rajesh Shankar, J.) Binit/

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