Petitioner accused under Section 379 IPC sought regular bail alleging false implication. Court observed petitioner was driving a stolen vehicle in a related case. Granted bail on bond and sureties.
Petitioner released on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5245 of 2019
Abdul Hakim @ Abdul Hakim Ansari @ Raju …Petitioner -V e r s u s- The State of Jharkhand ...Opp. Party CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Pankaj Kumar Mishra, Advocate For the State :- Mr. Rakesh Kumar Sinha, A.P.P.
04/05.08.2019 Heard learned counsel for the parties.
Petitioner is an accused for the offence punishable under Section 379 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 unknown. The petitioner was allegedly apprehended while driving a stolen pickup van for which a separate F.I.R. being Bagodar P.S. Case no. 14 of 2019 was lodged against him and others under Sections 272/273/414/34 of the Indian Penal Code and Sections 47(A)(a)/49/55 of the Excise Act. Thereafter, the petitioner has been remanded in the present case on 28.02.2019 and since then he is in custody. The petitioner is not involved in the alleged offence and he was driving the said vehicle on the instruction of the person who had got the goods loaded over the same. As such, the petitioner 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 Sub-Divisional Judicial Magistrate, Giridih in connection with Bagodar P.S. Case No. 192 of 2018 corresponding to G.R. No. 377 of 2019.
(Rajesh Shankar, J.)
Ritesh
2 issues framed by the court
Whether the petitioner is entitled to regular bail given allegations of false implication and involvement in a separate stolen vehicle case.
Whether the condition of furnishing bail bond and sureties is sufficient for granting release.
Abdul Hakim @ Abdul Hakim Ansari @ Raju
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
