Jharkhand High Court
Inderjeet Yadav Alias Kapildeo Yadav vs The State Of Jharkhand on 11 April, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2737 of 2014
-----
Inderjeet Yadav @ Kapildeo Yadav .... Petitioner
-Versus-
The State of Jharkhand .... .... ... Opposite Party
-----
CORAM : HON'BLE MR. JUSTICE P.P. BHATT
-----
For the Petitioner : Mr. Jitendra Shankar Singh, Advocate
For the State : A.P.P.
-----
02/ 11.04.2014The present application is filed under Sections 439 and 440 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with Barwadih P.S. Case No.30 of 2012, dt. 31.3.2012, corresponding to G.R. No.193 of 2012(S.T. No.24 of 2014) , for the alleged offence punishable under Sections 3,4,5 of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act, which is now pending in the Court of learned 2nd Additional Sessions Judge,Latehar.
Learned counsel for the petitioner has submitted that the petitioner is an innocent person and has been falsely implicated in the present case on the basis of confessional statement of the co-accused namely Mustakim Ansari. It is further submitted that except the confessional statement, there is no other cogent evidence against the present petitioner. The learned counsel for the petitioner has further submitted that Md. Mustakim Ansari has already been granted bail by this Court vide order passed in B.A. No.6359 of 2012 vide order dated 15.04.2013 and the case of the present petitioner is on better footing.
Learned A.P.P. for the State while opposing the bail application has submitted that the present petitioner was working as per the instruction given by the maoist namely Indrajit who is the leader of the squad, and therefore, looking to the allegations made against the present petitioner and also considering the gravity of the offence, the present petitioner may not be enlarged on bail.
Considering the aforesaid rival submission and having regard to the facts and circumstances of the present application and more particularly in view of the fact that the name of the present petitioner came into light on the basis of confessional statement of the co-accused namely Md. Mustakim Ansari who has been granted bail by this Court as per the order passed in B.A. No.6359 of 2012 vide order dated 15.04.2013, the case of the present petitioner deserves to be considered on the ground of parity. Accordingly, the present petitioner, namely Inderjeet Yadav @ Kapildeo Yadav is directed to be enlarged 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 2nd Additional Sessions Judge,Latehar, in connection with Barwadih P.S. Case No.30 of 2012, dt. 31.3.2012, corresponding to G.R. No.193 of 2012(S.T. No.24 of 2014), subject to the following conditions :
1. that applicant shall abide by the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure;
2. that the applicant shall make himself available for interrogation by a police officer as and when required;
3. that applicant shall not commit an offence similar to the offence of which he is accused;
4. that applicant 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 applicant 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
6. that the applicant shall not leave India without the previous permission of the Court.
(P.P. Bhatt, J.) SI/