In this bail application, the single judge allowed the petitioner's prayer for regular bail, directing his release on a bond of Rs. 20,000 with two sureties considering prior bail for co-accused and false implication claims.
Petitioner directed to be released on bail on furnishing bond of Rs. 20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5647 of 2019
Sita Ram Karmkar
… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner : Mr. Bhola Nath Ojha, Advocate For the State : Ms. Leena Mukherjee, A.P.P. -----
03/17.07.2019 Heard the learned counsel for the parties.
The petitioner is an accused for the offence punishable under Sections 457/380 of the Indian Penal Code.
The 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 persons. Though there is alleged recovery of few mobile phones from the possession of the petitioner, yet the same are not the looted ones. Co-accused Basil Hembrom @ Wasim Hembrom and Chand Hansda have already been granted regular bail by this Court vide order dated 26.06.2019 passed in B.A. No. 5317 of 2019. The petitioner is in judicial custody since 18.02.2019 and as such, he may be given the privilege of regular bail.
The learned A.P.P. opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, 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, Sahibganj, in connection with Barhait P.S. Case No. 13 of 2019.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether the petitioner accused under Sections 457/380 of the Indian Penal Code should be granted regular bail.
Sita Ram Karmkar
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
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