The High Court of Jharkhand, Ranchi, granted regular bail to Govind Sharma, an accused in Telia/Swatantra cases involving offences under IPC Chapter XVI and Arms Act, allowing him to furnish a bond with two sureties.
The petitioner is directed to be released on bail by furnishing a bond of Rs.20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5192 of 2019
Govind Sharma …Petitioner -V e r s u s- The State of Jharkhand ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. Dilip Kumar Karmakar, Advocate For the State :- Mr. Abhay Kumar Tiwari, A.P.P.
04/23.07.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offences punishable under Sections 341, 326, 307, 504, 506, 120-B/34 of the Indian Penal Code and under Section 27 of the Arms Act.
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. The petitioner has not been named in the F.I.R. His name surfaced in the present case on the alleged confessional statement of co-accused Kishan Balmuchu. Even on perusal of the fardbeyan of the informant, it would appear that the main allegation of firing on the informant by means of pistol is against co-accused Aman Sahu. Coaccused persons namely Gangesh Singh, Bablu Ladhi @ Babu Lodhi and Shankar Lodhi @ Shankar Verma have already been granted regular bail by different Benches of this Court. As such, the petitioner, who is in judicial custody since 06.12.2018, 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 Additional Sessions Judge-IX, Jamshedpur in connection with Sessions Trial No. 140 of 2019.
(Rajesh Shankar, J.)
Ritesh
3 issues framed by the court
Whether the petitioner, who is an accused in a criminal case involving offences under various sections of the Indian Penal Code and the Arms Act, is entitled to be granted regular bail.
Whether the petitioner is falsely implicated and was named in the case only based on the alleged confessional statement of a co-accused.
Whether the petitioner remains at large pending trial by being granted bail.
Govind Sharma
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
