Single judge of the High Court of Jharkhand granted bail to the petitioner who was an accused in a case where the FIR was against unknown persons and the only material available was the petitioner's confessional statement.
Petitioner directed to be released on bail, on furnishing a bond of Rs.10,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5474 of 2020
....
Daro Rai .… Petitioner Versus
The State of Jharkhand .... Opposite Party
.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Tarun Kr. Mahto, Adv. For the Opposite Party : M/s Nehala Sharmin, A.P.P. For the Informant : Mr. K. K. Mishra, Adv.
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
04/12.01.2021 Heard learned counsel for the petitioner and learned counsel for the State assisted by Mr. K. K. Mishra, learned counsel for the Informant.
The petitioner is accused in connection with Karmatanr P. S. Case No. 02 of 2020 pending in the Court of learned Additional Chief Judicial Magistrate, Jamtara.
It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 19.01.2020. FIR is against unknown person and subsequently on the report of spy, the petitioner has been arrested. Save and except confessional statement of the petitioner, there is no material against him and also there is no recovery on his confessional statement. On the basis of above argument, he has prayed for bail and also taking the ground that one of the co-accused namely Kesho Rai @ Kisho Ray has been granted bail by the Co-ordinate Bench of this Court in B. A. No. 3773 of 2020 vide order dated 08.07.2020.
On the other hand, learned APP has opposed the prayer for bail and submitted that the petitioner is main culprit and the co-accused to whom bail has been granted, has been implicated in this present case on the confessional statement of this petitioner and as such, he does not deserve bail.
Considering the material available on record that except confessional statement, there is no other material against this petitioner and the fact that another coaccused namely Kesho Rai @ Kisho Ray has been granted bail by the Co-ordinate Bench of this Court, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamtara, in connection with Karmatanr P. S. Case No. 02 of 2020 subject to the condition that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner, accused in a case with an FIR against unknown persons and existing only on his confessional statement, is entitled to bail.
Daro Rai
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
