The High Court of Jharkhand allowed bail to the petitioner accused of an offence under Section 394 IPC. The court allowed bail on furnishing a bond and sureties, noting the petitioner was falsely implicated and in judicial custody.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of the same amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3638 of 2019
Anil Lohra …Petitioner
-V e r s u s-
The State of Jharkhand ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Anil Kumar Ganjhu, Advocate For the State :- Ms. Laxmi Murmu, A.P.P.
06/17.08.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offence punishable under Section 394 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. Initially, the F.I.R. was lodged against two unknown miscreants. During the investigation, the name of the petitioner surfaced on the alleged confessional statement of co-accused Dilip Kumar Mahli. There is no recovery of any looted article/cash from the possession of the petitioner. The investigation has already been completed. The petitioner is in judicial custody since 06.03.2019 and as such, he may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined
to enlarge the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/(rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gumla in connection with Ghaghra P.S. Case no. 67 of 2018 corresponding to G.R. Case no. 557 of 2018.
(Rajesh Shankar, J.)
Ritesh
1 issue framed by the court
Whether the petitioner accused under Section 394 IPC should be granted regular bail in view of false implication and lack of recovery.
1 provisions across 1 enactments
Anil Lohra
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
