Petitioner accused of offences under IPC and Arms Act sought regular bail, alleging false implication without recovery of evidence from him. High Court of Jharkhand allowed bail on surety bond.
Petitioner released on bail by furnishing bond of Rs.20,000 with two sureties to Additional Sessions Judge, Dumka.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4878 of 2019
Afjal Ansari @ Afzal Ansari … … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Manoj Kumar No. 4, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P.
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03/19.07.2019 Heard the learned counsel for the parties.
The petitioner is an accused for the offences punishable under Sections 399/402 of the Indian Penal Code and 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 his name surfaced on the confessional statement of co-accused Vicky Choudhary who was arrested by the police on the spot and from whom there is recovery of certain arms/ammunition. The said co-accused has been granted bail by a Bench of this Court vide order dated 06.03.2019 passed in B.A. No. 581 of 2019. Other co-accused namely, Samsher Ansari @ Kailu, Md. Mujahid Ansari and Ritesh Kumar Mandal @ Ritesh Mandal have also been granted regular bail by different Benches of this Court vide orders dated 13.03.2019 and 12.06.2019 passed in B.A. No. 10713 of 2018 and B.A. No. 3728 of 2019 respectively. There is no recovery of any arms/ammunition from the possession of the petitioner. As such, the petitioner who is in judicial custody since 27.08.2018 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 Additional Sessions JudgeII, Dumka, in connection with S.T. No. 25 of 2019.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether the petitioner accused of offences under IPC Sections 399/402 and Arms Act may be released on regular bail.
Afjal Ansari @ Afzal Ansari
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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