The High Court granted regular bail to the petitioner, an accused in a case involving theft and related offences under the Indian Penal Code and the M.M.R.D. Act, directed to furnish a bond with sureties.
Petitioner directed to be released on bail by furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2839 of 2017
Rajendra Roy @ Rajendra Kumar @ Umashankar Roy … … Petitioner Versus The State of Jharkhand … … Opp. Party --- CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
--For the Petitioner : Mr. Vijay Kumar Roy, Advocate For the Opp. Party : A.P.P.
05/02.05.2017 Heard learned counsel for the parties.
Petitioner is an accused in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code, Section 4(i) (A)/21 of the M.M.R.D. Act and Section 54 of JMMC Rules.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner was allegedly apprehended by the police while carrying sand on the tractor. However, considering the fact that the petitioner is in judicial custody since 20.01.2017, and the charge-sheet against him has already been submitted, he may be given the privilege of regular bail.
Learned A.P.P. has opposed the petitioner's prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner, named above, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribag in connection with Chalkusa P.S. Case No.01 of 2017 corresponding to G.R. No.209 of 2017.
(Rajesh Shankar, J.)
R.P./
2 issues framed by the court
Whether the petitioner, accused of offences under IPC 414/34 and M.M.R.D. Act, is eligible for bail.
Whether the motive of falsely implicating the petitioner justifies granting regular bail.
3 provisions across 3 enactments
Rajendra Roy @ Rajendra Kumar @ Umashankar Roy
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
