In a bail application under Sections 392/411 IPC, the Court allowed bail on Rs. 35,000 bond with two sureties, subject to conditions including personal attendance and furnishing Aadhaar details, noting the pending trial despite earlier directions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 10551 0f 2019
Ajay Choudhary @ Ajay Chaudhary ….. Petitioner
Versus
The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. A.K.Kashyap, Sr.Advocate For the State : A.P.P -----
02 /Dated: 06/12/2019
The petitioner has been made accused for the offence under Sections 392/411 of the Indian Penal Code.
It appears that earlier petitioner has moved this court in BA No. 352 of 2019 which was rejected on 21.04.2019 with a direction to the trial court to conclude the trial within 06 months.
Since, the trial has not been concluded, this second bail application has been filed.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence as alleged in the FIR. It is further submitted that petitioner is in custody since 0w3.09.2018. Hence, petitioner deserves bail.
Learned APP has opposed the prayer for bail.
Considering the facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 35,000/- (Rupees thirty-five Thousand) with two sureties of like amount each to the satisfaction of CJM, Garhwa, in connection with Garhwa P.S. Case No. 334/2018, corresponding to G.R. No. 1554/2018 and subject to the conditions as follows :
1. One of the bailers must be father of the petitioner. 2. Petitioner is directed that alongwith the bail bonds, he will furnish his Cell Number and xerox copy of AADHAR Card in the court below.
3. Petitioner shall be physically present in the trial court as and when directed by the trial court, failing which, the trial court will be at liberty to cancel the bail bonds of the petitioner.
Let a copy of this order be communicated to the court below through FAX and also handed over to learned learned counsel for the parties.
(Anant Bijay Singh, J.)
Raman /
2 issues framed by the court
Whether the petitioner deserves bail despite the pendency of the trial which was already ordered to be concluded within six months in an earlier bail application?
Whether the conditions of a personal bond with sureties are sufficient to grant bail in a case under Sections 392/411 IPC involving theft/luring?
2 provisions across 1 enactments
Ajay Choudhary @ Ajay Chaudhary
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
