High Court of Jharkhand allowed bail application for two petitioners charged under IPC and other statutes. The court granted bail citing a similar order passed for a co-accused and directed release against bond and sureties.
Petitioners directed to be released on bail on furnishing bond of Rs. 10,000 each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 852 of 2021
Versus
The State of Jharkhand
..... Opposite Party
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------For the Petitioners : Mr. Kripa Shankar Nanda, Advocate For the State : Ms. Vandana Bharti, APP
02/ 05.02.2021 Heard through V.C.
2. The instant application has been preferred by the petitioners for grant of regular bail in connection with Gumla P.S. Case No.183/2020, registered under Sections 147, 148, 149, 458, 307 of the Indian Penal Code, Section 27 of Arms Act and Section 17 of C.L.A. Act, pending in the court of learned Chief Judicial Magistrate, Gumla.
3. Learned counsel for the petitioners submits that earlier the bail application being B.A. No.5285 of 2020 of the petitioners was rejected by this Court vide order dated 17.10.2020. However, subsequent to the said rejection, there is new fact whereby the similar co-accused, namely, Ram Kishun Gope has been granted bail by this Court vide order dated 12.01.2021 in B.A. No.10838/2020.
Mr. Kripa Shankar Nanda, learned counsel for the petitioners further contended that the allegations against these petitioners as well as the co-accused are almost similar in nature. Further, the petitioners are in custody since 07.05.2020, as such, they may be enlarged on bail.
4. Ms. Vandana Bharti, learned APP for the State though opposed the prayer for bail; however, she fairly submits that the trial court has started in a phased manner.
5. In view of the aforesaid facts and circumstances of the case especially the fact that the co-accused-Ram Kishun Gope has already been granted bail in B.A. No.10838 of 2020, the petitioners are directed to be released on bail. The petitioners shall furnish bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.183/2020.
6. Further, the petitioners shall appear on each and every date
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during trial before the learned trial Court, whenever the functioning of regular court begins. Till then, petitioners shall register their presence before the concerned police station fortnightly, failing which, learned trial court shall be at liberty to cancel their bail.
7. With the aforesaid directions, this bail application is allowed and disposed of.
(Deepak Roshan, J.)
Pramanik/
2 issues framed by the court
Whether bail should be granted to petitioners given that a co-accused has already been released on bail in similar charges.
Whether regular bail should be admissible pending the phased trial of the Gumla P.S. Case.
3 provisions across 3 enactments
Somnath Gope
Ram Narayan Gope
The State of Jharkhand
DEEPAK ROSHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
