The High Court of Jharkhand granted bail to the petitioner, an accused in an encounter case involving multiple charges under the IPC, Arms Act, and other statutes, noting the hostile nature of police witnesses.
The petitioner was directed to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6771 of 2016
Umesh Yadav @ Umesh Jee ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. A.K. Chaturvedi, Advocate For the State : A.P.P. --------
Prosecution.
The petitioner has been made accused for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 353, 427, 436 of the Indian Penal Code, Sections 25(1-B)(a), 26, 35 of the Arms Act, Sections 3/4 of the Explosive Substance Act, Sections 10, 13 of the U.A.P. Act and Section 17(i)(ii) of the C.L.A. Act, in connection with Piperwar P.S. Case No. 12 of 2012 corresponding to G.R. No. 167 of 2012.
The police camp was attacked by the extremists, in which, there was encounter between the police party and the members of extremists group, in which, several extremists were injured. Two extremists were killed in the encounter and one police personnel was also injured.
Earlier the bail application of this petitioner was rejected on merits by order dated 1.7.2015 in B.A. No. 9692 of 2014.
Learned counsel for the petitioner has renewed the prayer for bail submitting that similarly situated other co-accused has been granted bail by this Court by order dated 22.7.2016 in B.A. No. 5910 of 2016, in view of the fact that the members of police party, who were engaged in the encounter, have been examined in the Court below, but they have turned hostile.
In the facts of this case, I am inclined to enlarge the petitioner, Umesh Yadav @ Umesh Jee, 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 Judge-II, Chatra, in connection with S.T. No. 163 of 2014, arising out of Piperwar P.S. Case No. 12 of 2012 corresponding to G.R. No. 167 of 2012.
( H. C. Mishra, J.)
R.Kr.
1 issue framed by the court
Whether the petitioner should be released on bail given the hostile examination of police witnesses in a previous encounter case.
Umesh Yadav @ Umesh Jee
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
