Jharkhand High Court
Akash Sao vs The State Of Jharkhand on 19 February, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1749 of 2023
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Akash Sao, Age-25 years, Son of Niranjan Sao ... ... Appellant Versus The State of Jharkhand ... ... Respondent
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Mr. Hemant Kr. Shikarwar, Advocate For the Respondent : Mr. Sanjay Kr. Srivastava, APP
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th Order No. 06 : Dated 19 February, 2024 Per Sujit Narayan Prasad, J:
1. The instant appeal, preferred under section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 14.09.2023 passed by the learned A.J.C.-XVIII-cum-Special Judge, A.T.S., Ranchi in Anticipatory Bail Petition No.2248 of 2023, whereby and whereunder, the prayer for pre-arrest bail of the appellant, in connection with A.T.S. Case No.07 of 2023, registered for the offence under Sections 353, 332, 333, 307, 120B of the IPC, Section 27 of the Arms Act and Section 16, 17 & 20 of the U.A.(P) Act, has been rejected.
2. The brief facts of the prosecution case, on the basis of statement of Inspector Law Kumar Singh dated 17.07.2023 alleging therein that for the last few months accused Aman Sao @ Aman Sahu gang in a planned manner was operating gang from jail and through his gang members is indulged in extortion. On 17.07.2023 at about 21.30 hrs. the S.P., -2- A.T.S. received confidential information that Aman Sao from the jail conspired with his other associates Akash Rai @ Monu, Hari Tiwari @ Dhirendra Tiwari, Booj Saw @ Sidharth Sao, Mayank Singh and other active members of the gang are collecting ransom from contractors businessman, coal transporters, coal extracting companies, truck owner association on the threat of life.
3. The extortion money received by them was used for purchasing AK-47 and other sophisticated fire arms, large number of pistol, Carbine revolver, cartridges, explosives all purchased and those weapons and explosives are used to damage the Central Government and State Government institution, N.T.P.C., L&T, CCL which are working for the development of the country was obstructed. Accused Aman Sao is associated with T.P.C. and PLFI band organization of Jharkhand. The extortion/levy recovered is being used in country as well as outside the country by his associate of Narayan Thapa of Nepal through Hawala and by using the said extortion sophisticated international standard weapons and explosive substance were purchased. Aman Sao through his associates, stopped the development work of the state government and central government. The railway and road construction work and coal extraction work disturbed. Aman Sao is accused of about 90 cases of serious nature in Jharkhand and other states, at present -3- Amao Sao from jail, is operating the gang and due to his fear, the businessman, coal transport officials all are under fear and many of them after giving the extortion money does not report to the police. Many shooter of Aman Sao gang namely Chandan Sahu who is accused of Barkagaon P.S. Case No.261 of 2023 in which the official of Ritwik Company was murdered. He is also an accused of Argora P.S. Case No.261 of 2023 information was received that he along with his associate wherein the house of Champa Devi Wife of Jodhan Munda in village Dardag under Ormanjhi P.S.
4. The said information was registered in station diary entry and for ascertaining the same and taking the action one team was constituted by A.T.S. under Sri Niraj Kumar, Dy.S.P. several other police personnel which the members of the team including the informant at about 11.45 team left and apprehended Chandan Sao and one Sonu Kumar arrested with fire arm and forged aadhar card. On interrogation Chandan Sao accepted that he made firing upon Ranjeet Gupta in Argora along with his associate Waris Ansari @ Musa. He informed that he has kept the used fire arm with Hidayat Ansari and Bobby Sao @ Sidhrath Sao. He also said that he can get the said fire arms and motorcycle used recovered. The informant informed the senior officials and under the leadership of -4- Dy.S.P. Niraj Kumar, Chandan Sao and Sonu Kumar was taken with them towards Ramgarh. Near Banjari Devi Temple one Waris Ansari @ Musa was apprehended along with fire arms, motorcycle and cartridges.
5. On interrogation, Chandan Sao informed that under command of his boss Aman Sao, Mayank Singh @ Sunil Kumar Meena, Hari Tiwari, Yogeshwar Mahto, Waris Ansari he along with his other associates where to conduct meeting in village Rochap Terpa in which his other gang member Digambar Prajapati, Akash Sao, Rajan Sao, Bobby Sao, Raja Ansari, Ravi Munda and other members were to meet and commit one big incident at Ramgarh. He arrested accused Waris Ansari, Sonu Kumar along with fire arm (Pistol), (Revolver/Cartridges), Motorcycle and other articles.
6. The team members took them to Dhurwa A.T.S. for registration of formal F.I.R. thereafter along with Chandan São the team proceeded for arrest and recovery of fire arms under the leadership of Dy.S.P. Niraj Kumar on the pointing out of Chandan Sao, Bobby Sao @ Sidharth Sao who was having fire arms and motorcycle used in the occurrence.
They reached near village Terpa, when they came to Daridih Mahuwa More at about 20.10 hrs. They asked from the local person taking Hariya, informed that they are who is sitting on motorcycle. Wearing a cap was Siddharth Sao @ Bobby Sao and one another person standing there was -5- Rajan Sao. When the Dy.S.P. along with S.I. Sonu Kumar Sahu proceeded towards them all of a sudden they started firing upon the police party with intention to kill in which Dy. S.P. Niraj Kumar and S.I. Sonu Kumar Sahu sustained fire arms injury even they sustained fire arms injury, then Dy.S.P shouted that they are police personnel and they were having direction to arrest. They ordered to arrest the accused person but taking the advantage of forest and darkness the accused persons managed to flee away. The injured police personal were taken to hospital and from the place of occurrence automatic 9MM pistol, cartridges was recovered and the damage mobile phone of Realme Company of S.I. Sonu Kumar Sahu was recovered. One pair of sleepers of the accused person and key of the motorcycle was recovered and seizure list was prepared, FIR was lodged against all together 12 accused persons.
7. On the basis of aforesaid FIR was registered against the accused Akash Sao for the offence under Sections 353, 332, 333, 307, 120B of the IPC, Section 27 of the Arms Act and Section 16, 17 & 20 of the U.A.(P) Act.
8. Consequently, the above-named appellant had preferred anticipatory bail but the same has been rejected vide order dated 14.09.2023 passed by the learned A.J.C.- XVIII-cum-Spl. Judge, ATS, Ranchi, against which the present appeal has been preferred.
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9. It has been contended on behalf of the appellant that there is no specific allegation of commission of an offence as would be evident from the first information report and hence, it is a fit case for grant of pre-arrest bail. While, on the other hand, learned A.P.P. appearing for the respondent-State has vehemently opposed the prayer for anticipatory bail of the appellant by referring to the allegation as available in the impugned order, based upon the reference made in the case diary, which is on the basis of the statement of one co-accused, namely, Chandan Sao.
10. Learned A.P.P for the respondent-State has further submitted that the specific allegation against the appellant is that he is the close associate of Aman Sao Gang, a banned gang in the State of Jharkhand and was found to be in the Civil Court, Hazaribagh, the day when the said Aman Sao was to appear that was for the purpose of making conspiracy for commission of offence.
11. The aforesaid fact has been disclosed by the co- accused, namely, Chandan Sao and as such, taking into consideration the nature of allegation as made in the first information report and further, the petitioner is named in the FIR, therefore, it is not a fit case where the benefit of pre-arrest bail needs to be granted.
12. The further contention has been made that the prayer for regular bail of one of the co-accused, namely, Hari -7- Tiwari @ Dhirendra Tiwari @ Hariom has been rejected vide order dated 22.12.2023 passed in Cr. Appeal (DB) No.1084 of 2023, therefore, it is not a fit case where the interference is to be shown with the impugned order.
13. We have heard learned counsel for the parties, and perused the finding recorded by the learned court while rejecting the prayer for anticipatory bail as also gone through the case diary.
14. This Court, before proceeding to examine as to whether the appellant has been able to make out a prima facie case for enlarging him on bail, deems it fit and proper to discuss some settled proposition of law which is required to be considered herein.
15. The law is well settled so far as the pre-arrest bail is concerned, as has been held by the Hon'ble Apex Court in the case of Siddharam Satlinappa Mhetre vs. state of Maharashtra & Ors., reported in (2011)1 SCC 694, after due deliberation on the parameters as evolved by the Constitution Bench in Gurubaksh Singh Sibbia vs. State of Punjab (1980) 2 SCC 565. The relevant paragraphs of the said judgment as rendered by the hon'ble Apex Court is being quoted as under:-
"111. No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. We are clearly of the view that no attempt should be made to provide rigid and inflexible -8- guidelines in this respect because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail. In consonance with the legislative intention the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of each case. As aptly observed in the Constitution Bench decision in Sibbia case [(1980) 2 SCC 565 : 1980 SCC (Cri) 465] that the High Court or the Court of Session has to exercise their jurisdiction under Section 438 CrPC by a wise and careful use of their discretion which by their long training and experience they are ideally suited to do. In any event, this is the legislative mandate which we are bound to respect and honour.
112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:
(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;
(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;
(iii) The possibility of the applicant to flee from justice;
(iv) The possibility of the accused's likelihood to repeat similar or other offences;
(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;
(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;-9-
(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;
(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;
(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.
114. These are some of the factors which should be taken into consideration while deciding the anticipatory bail applications. These factors are by no means exhaustive but they are only illustrative in nature because it is difficult to clearly visualise all situations and circumstances in which a person may pray for anticipatory bail. If a wise discretion is exercised by the Judge concerned, after consideration of the entire material on record then most of the grievances in favour of grant of or refusal
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of bail will be taken care of. The legislature in its wisdom has entrusted the power to exercise this jurisdiction only to the Judges of the superior courts. In consonance with the legislative intention we should accept the fact that the discretion would be properly exercised. In any event, the option of approaching the superior court against the Court of Session or the High Court is always available."
16. Now, this Court is coming back to the facts of the present case in order to come to the conclusion as to whether the appellant has been able to make out a case for grant of pre-arrest bail on the principle upon which the pre- arrest bail is to be considered.
17. It is evident from the first information report that the appellant is named in the first information report with a specific allegation based upon the secret information received by the A.T.S. that one Aman Sao @ Aman Sahu who even remaining in jail is conspiracy with his close associates, namely, Akash Rai @ Monu, Hari Tiwari @ Dhirendra Tiwari, Bobby Sao @ Sidharth Sao, Mayank Singh and other active members of the gang for extortion to the businessmen of Jharkhand, the coal contractors, transporters, the officers of the coal mining companies and the convener of the truck owner association by giving threating to kill which is the usual practice of recovery of extortion and used to collect money.
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18. It has come that due to the said money, the said gang used to purchase AK-47, automatic ammunition along with large number of pistol, carbine revolver, bullets, explosive. These incriminating arms and ammunition are being used for the purpose of extortion.
19. It has also come in the first information report that when the A.T.S. has reached near Ormanjhi Police Station, one Chandan Sao and Sonu Kumar had been arrested red handed along with the forged aadhar card and motorcycle.
20. The Chandan Sao, in course of custodial interrogation has disclosed that the occurrence of firing upon on Ranjit Gupta was executed by him along with his associate, Waris Ansari @ Musa, Hidayat Ansari and Bobby Sao. He has stated that all the arms and ammunition had been kept in Ramgarh which can even be seized today from the place which he will identify.
21. The aforesaid information was furnished to Dy. Superintendent of Police and thereafter, the investigating team had proceeded along with the Chandan Sao and Sonu Kumar towards Ramgarh, in course thereof, Warish Ansari @ Musa was arrested along with ammunitions and motorcycle. The said Chandan Sao has further disclosed about his boss Aman Sao, Hari Tiwari by disclosing the occurrence which was committed by them.
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22. It has been disclosed by said Chandan Sao that based upon the direction of Waris Ansari, one meeting was conducted in Rochap Terpa under Patratu P.S. in which, the member of said gang, namely, Digambar Prajapati, Akash Sao (the appellant herein), Rajan Sao, Bobby Sao, Raja Ansari, Ravi Munda and other members had participated for the purpose of giving a result of big occurrence in the District of Ramgarh, the extract of the said allegation is being referred as under:-
"आगे पुछताछ म चंदन साव ने बताया िक बॉस अमन साव, पे० िनरं जन साव सा० मतवे , थाना बुडमू िजला राँ ची, मयंक िसंह उफ सुनील कुमार मीणा, पे० मंगत राम, सा० नई मंडी, घड़साणा, ीगंगानगर, रा राज थान, ह र ितवारी पेक िवजय ितवारी उफ फुटु ितवारी सा० बारालोटा िजला पलामु , योगे र महतो, मे० िबगन महतो सा० बहरवां तरी थाना केरे डारी िजला हजारीबाग, वा रश अंसारी पे० युनुस अंसारी सा० साकुल थाना पतरातु िजला रामगढ़ एवं उसके िनदश पर आज हमलोगों का िमटींग पतरातु थाना े के रोचाप टे रपा के नजदीक होने वाली है िजसम हमारे िगरोह के िदग र जापित, पे० कमल जापित, सा० जयनगर (कु ार टोली), पतरातु िजला रामगढ़, आकाश साव, पे० िनरं जन साव, सा० मतवे, थाना बुडमू, िजला रोंची, राजन साय पे० कुले र साव, सा० टे रपा थाना पतरातु िजला रामगढ़, बाँ वी साव, पे० कुले र साव सा० टे रपा थाना पतरातु, िजला रानगढ़, राजा अंसारी, पेक खलील अंसारी, सा० जयनगर िजला रामगढ़, रिव मु ा, पे ० ० साद मु ा, सा० टे रपा, टोकीसूद िशवमंिदर के पास, थाना पतरातू एवं अ कई मुख सदस् य आने वाले है तथा रामगढ़ म एक बड़ी घटना को
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अंजाम दे ने िक योजना बनाने वाले ह, इस िमटींग म हमलोग को भी जाना था।"
23. It is, thus, evident from going through the first information report that the specific allegation has been leveled against the appellant. Now, on the basis of the aforesaid allegation, it is to be seen as to whether it is a fit case for grant of anticipatory bail based upon the principle to be considered in granting pre-arrest bail, as has been held by the Hon'ble Apex Court in the case as referred hereinabove.
24. This Court, therefore, is of the view that since the specific allegation has been leveled against the appellant and as such, it is not a case of pre-arrest bail.
25. Further, the bail of the co-accused person, namely, Hari Tiwari, against whom, identical allegations have been leveled of being a member of the said gang and operating the same from inside the Dhanbad Jail, but the prayer for regular bail of Hari Tiwari, has already been rejected by this Court vide order dated 22.12.2023 passed in Cr. Appeal (DB) No.1084 of 2023.
26. The case of the appellant herein is that he is having serious allegation of participating in the meeting for giving result of a big occurrence in the district of Ramgarh and as such, there is attributability against the appellant and in that view of the matter, this Court is of the view that the
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prayer for bail of the appellant/petitioner, if rejected by learned court by taking note of the entire narration of the involvement of the petitioner/appellant as available in the first information report, the same cannot be said to suffer from an error.
27. Accordingly, the instant appeal stands dismissed.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Rohit/-N.A.F.R.