In a bail application under the Arms Act, the single judge held the petitioner was falsely implicated. Considering the lack of recovery of arms from him and bail to a co-accused, the court granted regular bail.
Petitioner released on bail bond of Rs. 20,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3929 of 2019
Rahul Kumar Ram @ Rahul Kr. Ram @ Rahul Kr. Ravi @ Rahul Kumar Ravi … … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Ajit Kumar Dubey, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P. -----
04/19.06.2019 Heard the learned counsel for the parties.
The petitioner is an accused for the offence punishable under Sections 25(1-B)a/26/35 of the Arms Act.
The 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 in the F.I.R. Though the petitioner has been named in the F.I.R., yet there is no recovery of any arms/ammunition from his possession. There is alleged recovery of one country made pistol and few other articles from a rented room of co-accused Durgesh Kumar Ravi. Co-accused Ravi Shankar Pandey has already been granted regular bail by a Bench of this Court passed in B.A. No. 2756 of 2019. The petitioner is in judicial custody since 21.06.2018 and as such, he may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioner's prayer for bail. Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Palamau at Daltonganj, in connection with Daltonganj (Town) P.S. Case No. 96 of 2018, corresponding to G.R. No. 660 of 2018.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether the petitioner accused under the Arms Act should be granted regular bail despite the presence of corroborative evidence against co-accused.
1 provisions across 1 enactments
Rahul Kumar Ram
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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