Bench allowed bail to petitioner accused of dacoity on grounds that he was falsely implicated based solely on his confessional statement without other material evidence.
Petitioner directed to be released on bail by furnishing ₹10,000 bond with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7104 of 2015 Subhan Ansari ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Dilip Kumar Jaiswal, Advocate For the State : A.P.P. --------
5/ 02.12.2015 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.
The petitioner has been made accused for the offence under Section 395 of the Indian Penal Code, in connection with Bermo P.S. Case No. 45 of 2014 corresponding to G.R. No. 300 of 2014, S.T. No. 24 of 2015.
The case relates to dacoity and the case was instituted against the unknown.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only on the basis of his confessional statement and there is no other material against him.
Learned counsel for the State has opposed the prayer for bail, but upon going through the case diary, it is admitted that the petitioner has been made accused only on the basis of his confessional statement.
In the facts of this case, I am inclined to enlarge the petitioner, Subhan Ansari, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Jude-III, Bermo at Tenughat, in connection with S.T. No. 24 of 2015, arising out of Bermo P.S. Case No. 45 of 2014 corresponding to G.R. No. 300 of 2014.
( H. C. Mishra, J.)
R.Kr.
2 issues framed by the court
Whether the petitioner, accused of dacoity solely based on his confessional statement, should be granted bail.
Whether the court should enlarge the petitioner on bail given the lack of other incriminating material.
1 provisions across 1 enactments
Subhan Ansari
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
