Partly allowed

Kamal Upadhyay v. the State of Jharkhand

Jharkhand HC4 Feb 2019A.B.A./5266/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi, granted anticipatory bail in a criminal appeal. The petitioner, accused under the IPC and Arms Act in a tenancy dispute case, was directed to surrender within four weeks for release on bail under Section 438 Cr.P.C.

What did the court decide?

Petitioner directed to surrender within four weeks to be released on bail with bond of Rs. 10,000 and two sureties of Rs. 10,000 each.

Kamal Upadhyay Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 5266 of 2018

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Kamal Upadhyay @ Kamal Upadhaya, S/o Late R. M. Upadhyay, resident of Sector -III/E, Qr. No.153, P.O. and P.S. B.S. City, DistrictBokaro. ... .. ... Petitioner(s)

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... .. ... Petitioner(s)

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Versus

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The State of Jharkhand. .. ... ... Opp. Party

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........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. Rajesh Kumar, Advocate Mr. Gaurav Raj, Advocate Mr. Apoorva Singh, Advocate For the State : Mr. Satish Kumar Keshri, Additional Public Prosecutor

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04 / 04.02.2019. Heard learned counsels appearing for the petitioner and learned A.P.P. for the State.

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The petitioner is an accused for offence under Sections 307, 324, 120-B and 34 of the Indian Penal Code and 27 of the Arms Act, prays for anticipatory bail expressing apprehension of his arrest in connection with Harla P.S. Case No. 106 of 2015.

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Learned counsel appearing for the petitioner has submitted that admittedly the informant has tenancy dispute with the petitioner. He has further submitted that the informant has not seen the petitioner at the spot nor has claimed to have identified the petitioner through voice on mobile phone.

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Learned counsel appearing for the petitioner has further submitted that the accused persons intentionally came before the informant and thereafter the informant talked with one person said to be Kamal Upadhyay, as disclosed by unknown accused on the mobile phone of accused. Thereafter the informant along with the other presons has taken liquor in the market and four persons came there and one of the accused fired shot upon the informant causing fire-arm injury.

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Learned counsel appearing for the petitioner has further submitted that the petitioner has not been alleged with any allegation except that the informant has doubt that because of tenancy dispute there is role of the petitioner.

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Learned counsel for the State has opposed the prayer for bail, but has not disputed the fact that the identity of person on the spot who has given threatening has not been established nor informant has identified the voice on mobile phone, as voice of Kamal Upadhyay.

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Having heard learned counsel for the petitioner and learned counsel for the State and considering the materials on record that there is no legal material against the petitioner, Kamal Upadhyay and admittedly there is land dispute between the parties, the petitioner, above-named, is directed to surrender himself before the court below within four weeks from today, and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bokaro, in connection with Harla P.S. Case No. 106 of 2015 corresponding to G.R. No. 1519 of 2015 , subject to the conditions as laid down under Section 438(2) Cr.P.C. and subject to further condition that petitioner shall remain physically present on each and every date before the court below till framing of charge.

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(Kailash Prasad Deo, J.)

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Sandeep/

Kamal Upadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamal Upadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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