Jharkhand High Court
Ravi Prakash Gaur @ Guddu Gaur vs The State Of Jharkhand ...... Opposite ... on 20 December, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 9920 of 2021
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Ravi Prakash Gaur @ Guddu Gaur ...... Petitioner Versus The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Suraj Singh, Advocate
For the state : Mr. Vineet Kr. Vashistha, A.P.P.
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05/20.12.2021 Heard learned counsel for the petitioner and learned counsel for the
State.
The petitioner is an accused in connection with Gola P. S. Case No. 111 of 2020 registered under Section 395 of the Indian Penal Code.
It is submitted that the petitioner is innocent. It is submitted that the petitioner has been implicated in this case on suspicion on the confession of co- accused Akhtar. Ansari. It is submitted that nothing has been recovered from the possession of this petitioner. It is submitted that the petitioner has not been put on T.I.P, although charge sheet has been submitted against him. It is submitted that the confessional statement of the petitioner was recorded, which is not admissible in law. It is submitted that the petitioner is in custody since 15.04.2021 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail and has submitted that the petitioner was accomplice of the co-accused persons namely Mobin Ansari, Akhtar Ansari, Sarfaraj Alam, Naushad Ansari and Saddam Ansari and the petitioner used to dispose of the vehicle that has been robbed during the highway crime. It is submitted that the petitioner has confessed his guilt at para-109 of the case diary and as such, the bail application is fit to be rejected.
Perused the FIR, the case diary and the impugned order passed by the learned Court below.
It appears that FIR was lodged against unknown, however during course of investigation, the police had arrested some of the co-accused. It would appears from the confession of Mobin Ansari recorded at para-76 of the case diary that he along with Akhtar Ansari, Sarfaraj Alam, Naushad Ansari and Saddam Ansari had committed the dacoity and had taken away the Bolero vehicle and thereafter they had contacted this petitioner, Ravi Prakash Gaur @ Guddu Gaur, who sold the vehicle. It appears that the vehicle was recovered from one Saddam Ansari. It appears that the petitioner was not put on T.I.P. and charge sheet has been submitted against this petitioner.
Considering the period of custody and on the facts and in the circumstances of this case, the petitioner namely Ravi Prakash Gaur @ Guddu Gaur is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Vidyawati Kumari, learned Judicial Magistrate, 1st Class, Ramgarh or its successor Court in connection with Gola P. S. Case No. 111 of 2020 subject to the condition that one of the bailors must be own relative of the petitioner and petitioner must file an Undertaking before the learned Court below not to get indulged in such type of crime in future again, otherwise prosecution will be at liberty to take steps for cancellation his bail and the petitioner shall appear before the trial Court on each and every date till the conclusion of the trial except for unforeseen circumstances.
Let a copy of this order be sent to the office of Superintendent of Police, Ramgarh by FAX/Email.
(Sanjay Prasad, J.) Kamlesh/