The High Court of Jharkhand allowed bail to the petitioner despite earlier rejection. The court noted the petitioner spent over two years in custody and no specific incriminating allegations were made against him, as main accused were present at the spot.
Released on bail upon executing bonds of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9785 of 2018
Tasauwar Ansari ... Petitioner -VersusThe State of Jharkhand … ... Opposite Party
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
... For the Petitioner :- Mr. A.K. Kashyap, Sr. Advocate; Mr. Sameer Raj, Advocate. For the State :- Mr. Shekhar Sinha, A.P.P. ...
02/14.12.2018:
Learned counsel for the petitioner is permitted to carry out necessary correction in para-12 of the bail application.
Heard both the counsels.
Learned counsel for the petitioner has submitted that no incriminating article was recovered from the possession of the petitioner and that no allegation has been levelled against the petitioner with respect to firing upon the deceased or that he assaulted the deceased in any manner and that only general and omnibus allegations have been made and that no specific allegation has been made against the petitioner. Learned counsel has pointed out that the main accused, namely, Zahirrudin Ansari and Sonu Ansari were present at the spot. As far as this petitioner is concerned, there is no evidence to show his involvement in the present case. Apart from that, learned counsel has submitted that prayer for bail of the petitioner was earlier rejected and he is in custody since 26.10.2016. Therefore, he has spent more than two years in custody; hence, prayer for bail of the petitioner may be allowed.
Learned A.P.P. appearing on behalf of the State has opposed the bail application and has submitted that serious allegation has been made against the petitioner.
Having heard the learned counsel for both the sides, gone through the records and in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Palamau at Daltonganj in connection with Chhattarpur P.S. Case No. 113/2016, corresponding to G.R. Case No. 1781/2016 (S.T. No. 129/2017) with the conditions that he will attend and report to the Chhattarpur Police Station on every 3rd Saturday of the month between 1:00 p.m. to 2:00 p.m. and that he will also attend the trial on every date before the court-below unless dispensed with by the court-below.
(Ratnaker Bhengra, J.)
S.B.
1 issue framed by the court
Whether the petitioner should be granted bail after spending more than two years in custody given the lack of specific incriminating evidence against him.
Tasauwar Ansari
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
