This court rejected the bail application of the petitioner, holding that the evidence pointed to his role in heading an extremist group engaged in extortion, making him unsuitable for bail.
Prayer for bail by the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 463 of 2016 Vivek Jee @ Vivek Yadav ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Md. Abdul Waheb, Advocate For the State : A.P.P. --------
The petitioner has been made accused for the offences under Sections 147, 148, 149, 387, 379 / 34 of the Indian Penal Code and Section 17 of the C.L.A. Act, in connection with Charhi P.S. Case No. 5 of 2015 corresponding to G.R. No. 129 of 2015.
In the FIR, it is alleged that the informant, who was the Munshi of a Contractor engaged in construction work, and labourers were assaulted by the members of extremist group for non-payment of levy and they were asked to make the payment of levy to the petitioner, who was heading the extremists group.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has prayed for bail.
Learned counsel for the State has opposed the prayer for bail submitting from the case diary that the petitioner is heading the extremists group, engaged in extortion of levy and other extremists activities. It is also pointed out from the case diary that the petitioner was arrested along with his associate while they were returning after extorting levy.
In the facts of this case, I am not inclined to enlarge the petitioner, Vivek Jee @ Vivek Yadav, on bail. Accordingly, his prayer for bail is rejected.
( H. C. Mishra, J.)
R.Kr.
2 issues framed by the court
Whether the petitioner should be granted bail considering allegations of heading an extremist group and extortion.
Validity of the petitioner's claim of being falsely implicated in offences under Sections 147, 148, 149, 387, 379/34 IPC and Section 17 C.L.A. Act.
2 provisions across 2 enactments
Vivek Jee @ Vivek Yadav
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
