In a bail application, the High Court of Jharkhand granted release to the petitioner, noting that the petitioner was not named in the FIR and appeared as an associate based solely on a confessional statement.
The petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5457 of 2018
Subal Das …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. N.P. Choudhary, Advocate FOR THE STATE : A.P.P.
05/08.10.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 419,420, 467, 468, 406, 471 of the IPC.
From the record and the submission of the parties, it appears that one Mustaque @ Rahmat, instigated the victims to open a bank account for obtaining benefit from the government scheme. Mustaque @ Rahmat took the victims to the bank and their bank accounts were open, but the money was defalcated after Mustaque @ Rahmat had taken ATM and other bank documents of the victims. The name of this petitioner has transpired in the instant case on the basis of confessional statement of Mustaque @ Rahmat, who stated that this petitioner was one of his associates.
Since petitioner is not named in the FIR and the name of this petitioner has transpired in the instant case on basis of confessional statement of Mustaque @ Rahmat, I am inclined to allow this application. Accordingly, the petitioner above named 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 SDJM, Jamtara in connection with Mihijam Police Station Case No. 05 of 2018 (G.R. No. 32 of 2018).
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner should be released on bail given that the petitioner is not named in the FIR and the name transpired only on the basis of a confessional statement.
1 provisions across 1 enactments
Subal Das
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
