Jharkhand High Court
Uday Sheikh @ Sheikh Muslim @ Uday vs The State Of Jharkhand .... .... Opp. ... on 11 August, 2023
Author: Subhash Chand
Bench: Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3836 of 2023
Uday Sheikh @ Sheikh Muslim @ Uday ..... ... 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. Sabyasanchi, Advocate
For the State : Mr. Shashi Kumar Verma, A.P.P.
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04/11.08.2023 Heard learned counsel for the applicant and learned A.P.P. for
the State.
2. This bail application has been filed on behalf of the applicant- Uday Sheikh @ Sheikh Muslim @ Uday with prayer to release on bail in connection with Garhwa P.S. Case No. 329 of 2022, S.T. No.109/2023 registered under Sections 302, 120B/34 of the Indian Penal Code and section 27 of Arms Act, pending in the court of the learned Sessions Judge, Garhwa.
3. Learned counsel for the applicant has submitted that the FIR of this case was lodged against the nine named accused including the applicant with these allegations that on 22.06.2022 in the night, the brother of the informant, namely, Bimal Singh @ Munna Singh was at Nahar Chowk and all the named accused armed with deadly weapon came and began to beat his brother and also opened fire. The brother of the informant was admitted to Sadar Hospital, Garhwa and from there he was referred to RIMS, Ranchi. Amid the way, the brother of the informant had told that Shyam Sharma, Anil Paswan and Anil Ram all the three had separately opened fire upon him and other accused had beaten him.
4. Learned counsel for the applicant has further submitted that as per F.I.R. allegations, the informant was not at the place of occurrence. He came to know in regard to the occurrence from his brother while he was in injured condition and the accused Shyam Sharma, Anil Paswan and Anil Ram were attributed role of shooting him separately. While the general and omnibus role has been assigned to all other accused including the applicant. As per postmortem report, all the injuries which the deceased had sustained the fire arm injury, corroborating the dying declaration made by the deceased. As such, no specific role has been assigned to the applicant and there were no 2 B.A. No.3836 of 2023 other external injury on the body of the deceased as per postmortem re ort except the fire arm. The case of the present applicant is identical to hat of Shakil Ansari @ Shakil Ahmad @ Shakil Khan @ Shakil who has been ranted bail in B.A. No. 10753 of 2022 vide order dated 25.11.2022 by this Bench.
5. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and conceded that the role of the applicant is identical to that of co-accused Shakil Ansari @ Shakil Ahmad @ Shakil Khan @ Shakil who had been granted bail in B.A. No. 10753 of 2022 vide order dated 25.11.2022 by this Bench.
6. 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.40,000/-(Rupees Forty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.) RKM