The High Court of Jharkhand allowed an application for bail in a case concerning extortion. The applicant argued non-inclusion in FIR and lack of voice identity report. The court allowed release on furnishing a bond of Rs. 25,000 with two sureties.
Release on bail on furnishing a bond of Rs. 25,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1313 of 2022
Kunwar Oraon ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Bibhash Sinha, Advocate For the State : Mr. Ashok Kumar, A.P.P. --------
03/05.05.2022 Heard learned counsel for the applicant and learned A.P.P. for the
This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Nagri P.S. Case No.78 of 2021 registered under Sections 385/387 of the Indian Penal Code and Section 17 of the C.L.A. Act pending in the court of learned Judicial Magistrate 1st Class, Ranchi.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant against Rajesh Gope, PLFI extremist, bearer of mobile nos.8145099030 and 7782844256 and two unknown miscreants with these allegations that he had received threatening call for payment of levy of Rs.7 lacs from the said mobile phone numbers.
Learned counsel for the applicant has submitted that the name of the applicant does not figure in the F.I.R., rather it transpired on the basis of self-confession of the applicant, which the applicant never made. There is no voice identity report to show his complicity in regard to demand of levy. The applicant has been languishing in jail since 23.06.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant is having long criminal antecedent.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case. (Subhash Chand, J.)
Rohit
1 issue framed by the court
Whether the applicant is entitled to bail in connection with allegations of extortion under Sections 385/387 IPC and Section 17 C.L.A. Act.
2 provisions across 2 enactments
Kunwar Oraon
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
