In a bail application under the Indian Penal Code, the High Court of Jharkhand granted regular bail to the petitioner, a police constable, noting that a co-accused had already been released by a coordinate bench.
Petitioner released on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount and undertaking to appear.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 210 of 2019
Jitendra Kumar Ram, S/o Late Gouri Ram, resident of Village Baro, P.O. Baro, P.S. Dandai, District Garhwa, Jharkhand. ... .. ... Petitioner(s)
... .. ... Petitioner(s)
Versus
The State of Jharkhand.
CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioner : Mr. Suresh Kumar, Advocate. For the State : Mr. Suraj Mohan, Additional Public Prosecutor
03 / 22.02.2019. Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.
The petitioner is an accused for offence under Sections 323, 325, 341, 342, 379, 385/34 of the Indian Penal Code, prays for regular bail in connection with Sector- IV P.S. Case No. 27 of 2018.
Learned counsel appearing for the petitioner has submitted that the petitioner is Police Constable bearing No.1485 and has been made accused along with co-accused, Rajendra Singh, a Homeguard Constable.
Learned counsel appearing for the petitioner has further submitted that prayer for regular bail of co-accused, Rajendra Singh has been allowed vide order dated 19.11.2018 passed in B.A. No.6647 of 2018, as such, the petitioner may also be enlarged on regular bail.
Learned counsel for the State while opposing the prayer for bail, has not disputed the factual aspect of the matter.
Considering the submissions of the parties and considering the co-accused person has already been enlarged on regular bail by a Co-ordinate Bench of this Court, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bokaro, in connection with Sector IV P.S. Case No. 27 of 2018, corresponding to G.R. No.848 of 2018 , with condition that the petitioner shall remain physically present on each and every date till conclusion of the trial before the learned trial court.
(Kailash Prasad Deo, J.)
Sandeep/
1 issue framed by the court
Whether the petitioner, who is in judicial custody, is entitled to grant of regular bail considering that a co-accused has already been released on bail.
Jitendra Kumar Ram
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
