Jharkhand High Court
Jitu Linda vs The State Of Jharkhand on 16 June, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
A.B.A. No. 4414 of 2013
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Jitu Linda ... ... Petitioner
-V e r s u s-
The State of Jharkhand ... Opposite Party
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CORAM: - HON'BLE MR. JUSTICE P.P. BHATT.
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For the Petitioner : - Mr. Pratiush Lala, Advocate.
For the State : - A.P.P.
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04/16.06.2014The present anticipatory bail application has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioner is having reasonable apprehension of his arrest in connection with Tatisilwai Police Station Case No. 33 of 2013 corresponding to G.R. Case No. 2110 of 2013 registered for the offence punishable under Sections 302/34 of the Indian Penal Code, which is now pending in the court of the learned Judicial Magistrate, Ranchi for submission of the charge sheet.
The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the alleged crime merely on the basis of confessional statement of the co-accused and except that there is no other cogent, reliable and independent witness in the matter.
The learned APP appearing on behalf of the State opposed the anticipatory bail application but has not disputed the fact on the basis of the case diary that there is no other material except the confessional statement of the co-accused against the petitioner.
Considering the aforesaid rival submissions and having regard to facts and circumstances of the present case and more particularly in view of the fact that there is no other material except the confessional statement of the co-accused against the present petitioner this Court is of the view that anticipatory bail is required to be granted in favour of the petitioner. Accordingly, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner, above named, is directed to be released on executing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi in connection with Tatisilwai Police Station Case No. 33 of 2013 corresponding to G.R. Case No. 2110 of 2013 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(P.P. Bhatt, J.) APK