The High Court of Jharkhand rejected the petitioner's prayer for regular bail in a case involving alleged association with the PLFI extremist group, citing his role as a nodal officer and prior designation as an extremist despite a co-accused being granted bail.
Prayer for regular bail rejected; directed to expedite the trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 406 of 2019
Nayan Kumar Sahu @ Nayan Sahu, son of Late Ram Lakhan Sahu, resident of village- Marcha, Baniatoli, P.O.- Marcha, P.S.- Rania, District- Khunti.
….... Petitioner.
Versus The State of Jharkhand. …… Opposite Party.
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioner : Mr. Mohit Prakash, Advocate. For the State : Mr. Suraj Verma, A.P.P.
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05/Dated:15.03.2019 Heard, learned counsel for the petitioner and learned counsel for the
State.
Petitioner, who is accused for the offence under Section 212/216/120-B of the Indian Penal Code, 19/39 U.A.P. Act and 17(i) (ii) C.L.A. Act has prayed for regular bail in connection with Bano P.S. Case No.25 of 2017, corresponding to G.R. No.175 of 2017.
Learned counsel for the petitioner has submitted that petitioner has been arrested by the police only on the ground that conversation made between petitioner's mobile and the mobile of one Sangita Kumari @ Sangita Devi, alleged to be wife of Guju Gope. It was found by the investigating officer that they were in talking terms and the said conversation has been brought on record with the First Information Report itself at page no.14 of the brief, which in itself is no offence.
Learned counsel for the petitioner has submitted that Sangita Kumari @ Sangita Devi has been granted bail by a co-ordinate Bench of this Court vide order dated 01.11.2017 passed in B. A. No.7626 of 2017 as such, the petitioner whose case stands on better footing may be enlarged on bail. Learned counsel for the petitioner has submitted that petitioner has been made accused on the basis of presumption and no direct material has been collected.
Learned counsel for the State has opposed the prayer for bail and has submitted that co-accused Sangita Kumar @ Sangita Devi has been granted bail by coordinate Bench of this Court, where it has been submitted that only allegation against her is that police came to know that she was talking with extremist of PLFI namely, Nayan Kumar Sahu @ Nayan Sahu.
Under the aforesaid circumstances, learned counsel for the State has submitted that
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the case of the petitioner is distinguished from the case of co-accused Sangita Kumari @ Sangita Devi, who has been granted bail by a co-ordinate Bench of this Court. So far the petitioner is concerned he has talked with the lady, who has association with the extremist group and as per order of co-ordinate Bench vide order dated 01.11.2017 passed in B. A. No. 7626 of 2017 petitioner, Nayan Kumar, is an extremist of PLFI and petitioner was earlier made accused in a case of N.D.P.S. Act.
Considering the nature of allegation and the materials collected during investigation and the conversation shows that this petitioner has acted like nodal officer for the extremist group of PLFI as such, this Court is not inclined to grant regular bail to the petitioner. Accordingly prayer for regular bail to the petitioner is hereby rejected. Learned trial Court
is directed to expedite the trial.
( Kailash Prasad Deo, J.)
Jay/
2 issues framed by the court
Whether regular bail should be granted to the petitioner charged under Section 212/216/120-B IPC, U.A.P. Act, and C.L.A. Act for alleged association with an extremist group.
Whether the petitioner's status as an extremist of PLFI and actions akin to a nodal officer justify rejecting the bail prayer despite a co-accused receiving bail.
Nayan Kumar Sahu @ Nayan Sahu
State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
