The High Court of Jharkhand granted regular bail to a petitioner accused of offences under Sections 395/412 IPC. The court held that despite false implication allegations, the petitioner should be released on furnishing a bond with sureties.
Petitioner released on bail on furnishing bond of Rs.20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 4234 of 2019
Sahabuddin Ansari ….. Petitioner
Versus The State of Jharkhand ….. Opposite Party
CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. I. S. Gupta For the State: Mr. Nehru Mahto, A.P.P
04/17.06.2019 Heard learned counsel for the parties.
The petitioner is an accused in a case registered for the offence punishable under Sections 395/412 IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged. The petitioner has not been named in the FIR and his name has surfaced in the present case on the basis of the alleged confessional statements of two co-accused persons. Except the said fact, the police has not collected any cogent material to connect the petitioner with the present case. The petitioner is in judicial custody since 16.09.2018 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 of the case, I am inclined to enlarge the petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Dumka in connection with Jarmundi P.S. Case No. 58/2018, corresponding to G.R. No. 765/2018.
(RAJESH SHANKAR, J)
Satish/-
2 issues framed by the court
Whether the petitioner is entitled to regular bail given false implication and lack of independent police material.
Whether the privilege of bail should be granted to an accused falsely implicated based on co-accused confessions.
1 provisions across 1 enactments
Sahabuddin Ansari
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
