A single judge granted bail to an accused in a cheating and election offence case, ordering release on a individual surety of Rs.20,000 with two other sureties.
Petitioner directed to be released on bail on furnishing a 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.5266 of 2019
Jagat Mardi @ Jagta Mardi. .......... Petitioner. -VersusThe State of Jharkhand. .......... Opp. Party.
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. D. K. Chakraverty, Advocate For the State : APP ----- Order No.06 Date: 18.07.2019
The petitioner is an accused in a case registered under Sections 420, 467, 468 and 471 of the Indian Penal Code and Section 31(a) of the Representation of People Act, 1950.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. As per the first information report, the informant (Sub Inspector of Police, Bagbera police station) found that in the Voter I.D., Aadhar Card, Admit Card issued by the Bihar School Examination Board, Patna, Transfer Certificate and PAN Card either different names of the petitioner or different names of his father were mentioned. It is further submitted that the said difference in the names is due to mistake committed by the issuing authorities of the said cards. There is no major difference in the petitioner’s or his father’s names in the said cards/documents. It is not the case of the prosecution that the petitioner has cheated anyone using the said cards/ documents. As such, the petitioner who is in judicial custody since 11th March, 2019 may be given the privilege of regular bail.
Learned APP opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly,
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the petitioner 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 learned Judicial Magistrate, 1st Class, Jamshedpur, in connection with Bagbera P.S. Case No.26 of 2019.
(Rajesh Shankar, J.)
Sanjay/
1 issue framed by the court
Whether the petitioner should be granted bail given the alleged clerical errors in identity documents and lack of evidence of cheating.
2 provisions across 2 enactments
Jagat Mardi
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
