Jharkhand High Court
Aditya Yadav And Anr vs The State Of Jharkhand on 10 April, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND, RANCHI
B.A. No. 2658of 2014
1.Aditya Yadav
2.Md. Jubair Alam . .... Petitioners
Versus
The State of Jharkhand . .... Opposite Party.
CORAM : HON'BLE MR. JUSTICE P.P. Bhatt
For the Petitioner s : Mrs.Renu Bala, Advocate
For the State : A.P.P.
2/10.4.2014 Present application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973 seeking regular bail in connection with Chandwa P.S.Case No.136 of 2013 corresponding to G.R No. 576 of 2013 for the alleged offence registered under sections 414/34 of the Indian Penal Code, pending in the court of learned A.C.J.M Latehar .
Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State and perused the materials placed on record.
Learned counsel for the petitioners submitted that petitioners are innocent persons and have been falsely implicated in the alleged crime merely on suspicion. It is further submitted that the alleged stolen motor cycle in question has been recovered from the possession of the coaccused Mokhtar Mian, who has been granted bail by this court in B.A. No.10205 of 2013 vide order dated 31.10.2013.It is further submitted that infact the name of the present petitioners came in the light on the basis of the confessional statement of the coaccused Mokhtar Mian who has been granted bail by this court. It is further submitted that there is no other evidence against the present petitioners, except confessional statement made by the coaccused and they are in custody since 8.2.2014 and 11.2.2014 respectively and they are ready and willing to abide the conditions that may be imposed by this court and therefore, petitioners may be granted regular bail.
The learned A.P.P. for the State while opposing the bail submitted that looking to the seriousness of the charge and gravity of the offence as also criminal antecedent of the present petitioners as observed in the order passed by the learned court below, the petitioner may not be enlarged on bail. The learned A.P.P. is unable to point out about the criminal antecedent of the present petitioner, except the criminal cases pending against the present petitioners, as mentioned in the order passed by the learned court below.
Considering the aforesaid rival submissions and more particularly in view of the fact that coaccused Mokhtar Mian has been granted bail by this court in B.A. No.10205 of 2013 vide order dated 31.10.2013 from whom alleged motor cycle in question has been recovered and also considering the fact that the name of the petitioners came in the light on basis of the confessional statement of the coaccused Mokhtar Mian , who has been granted bail by this court, this court is of the view that on the ground of parity, the bail application of the present petitioners deserves to be allowed and accordingly, the petitioners, namely Aditya Yadav and Md. Jubair Alam are directed to be released on bail on executing bail bonds of Rs. 10,000/ (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Latehar subject to the following conditions:
1. that applicants shall abide by the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure.
2. that applicants shall make himself available for interrogation by a police officer as and when required.
3. that applicants shall not commit an offence similar to the offence of which he is accused
4. that applicants shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
5. that the applicants shall not leave India without the previous permission of the Court and.
6. that the applicants shall mark his presence before the concerned police station in any day of the first week of every month till the commencement of trial, and (P.P. Bhatt, J) SD