Bench granted regular bail to petitioner, accused under Section 392 IPC, after examining fault of implication and co-accused released status. Directs release on bond with sureties.
Petitioner released on bail bond of Rs. 20,000 with two sureties of like amount to the satisfaction of learned Judicial Magistrate-1st Class, Garhwa.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4964 of 2019
Kundan Kumar Paswan …Petitioner -V e r s u s- The State of Jharkhand ...Opp. Party CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Pradeep Kumar Prasad, Advocate For the State :- Mr. Ashok Kumar, A.P.P.
04/05.08.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offence punishable under Section 392 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. The petitioner has been remanded in this case from Kandi P.S. Case No. 68 of 2018 on the basis of his alleged confession made before the police which has no evidentiary value in the eye of law. The petitioner has not been put on T.I.P. Similarly situated co-accused Parmendar Mochi has already been granted regular bail by a Bench of this Court vide order dated 11.07.2019 passed in B.A. No. 2375 of 2019. As such, the petitioner, who is in judicial custody since 03.12.2018 in the present case, 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 Judicial Magistrate-1st Class, Garhwa in connection with Kandi P.S. Case No. 22 of 2018 corresponding to G.R. No. 337 of 2018.
(Rajesh Shankar, J.)
Ritesh
1 issue framed by the court
Whether the petitioner, accused of section 392 IPC, is entitled to regular bail while falsely implicating allegations remain unproven.
Colour shows how this judgement treated each authority
B.A. No. 2375 of 2019Referred¶6
1 provisions across 1 enactments
Kundan Kumar Paswan
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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