High Court granted bail to petitioners charged under Sections 302/147/148/149/341/342 IPC. Court considered innocent plea, alleged role as order giver, and detention period for release.
Petitioner directed to be released on bail by furnishing bond of RS. 25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 136 of 2019
1. Arti Devi 2. Hemanti Devi ….. Petitioners
Versus
The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
----- For the Petitioner : Mr. N.K.Jaiswal, Advocate For the State : A.P.P -----
02 /Dated: 07/02/2019
The petitioner has been made accused for the offence under Sections 302/147/148/149/341/342 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is wholly innocent and there is no specific overt act alleged against him but he has been falsely implicated in this case. It is also submitted the petitioner is aged about 44 years and he is in jail custody since 16.09.2018. Hence, petitioner deserves bail.
Learned APP has opposed the prayer for bail.
From the impugned order, it appears that the alleged tractor and trailor from which various types of weapons collected from before which were used in the crime belongs to the petitioner and he is only order giver.
Considering the facts and circumstances of the case and also keeping in view the period of detention , the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty-five Thousand) with two sureties of like amount each to the satisfaction of JM Ist Class, Giridih, in connection with Jamua P.S. Case No. 266/2018, corresponding to G.R. No. 2161/2018.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Raman /-
1 issue framed by the court
Whether the petitioner, charged under Sections 302/147/148/149/341/342 IPC and in custody since September 2018, deserves bail.
Arti Devi
Hemanti Devi
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
