Jharkhand High Court
Md. Mustafa vs The State Of Jharkhand .... .... Opp. ... on 29 June, 2022
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6386 of 2022
Md. Mustafa ..... ... Petitioner
Versus
The State of Jharkhand .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner : Mr. Suraj Kishore Prasad, Advocate
For the State : Mrs. Lily Sahay, A.P.P.
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04/29.06.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Dumri P.S. Case No.17 of 2022 registered under Sections 147, 148, 149, 124-A, 427, 435 of the Indian Penal Code, Sections 3/4 of the Explosive Substance Act, Sections 3/4 of Damage of Public Property Act, Section 17 of the Criminal Law Amendment Act and Section 13 of Unlawful Activities (Prevention) Act pending in the court of learned Judicial Magistrate 1st Class, Giridih.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against nine named accused and four to five unknown persons with these allegations that the informant had received information that 10 to 15 unknown persons of maoist group had damaged the bridge situated on Barakar river by bomb. Accordingly, the informant reached at the place of occurrence along with other police personnel and this F.I.R. was lodged.
Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R., rather his name transpired during investigation in the confessional statement of co-accused Shamsher Alam @ Md. Samser Alam @ Md. Shamser, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 21.06.2022 passed in B.A. No.6120 of 2022. It is further submitted that nothing incriminating article was recovered from the possession of the applicant to show his complicity in commission of the alleged offence. The applicant has been languishing in jail since 27th January, 2022.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) Rohit