Criminal bail application by Umer Ali in a theft case. Court allowed bail on furnishing bond and two sureties, noting similar co-accused had been granted bail and alleged planted recovery.
Applicant released on bail on furnishing bail bond of Rs. 25,000 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. 3881 of 2022
Umer Ali ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. Rakesh Ranjan, A.P.P. --------
05/ 18.07.2022 Heard learned counsel for the applicant and learned A.P.P. for the State.
This bail application has been filed on behalf of the applicant–Umer Ali with prayer to release on bail in connection with Seraikella P.S. Case No. 131 of 2019, registered under Sections 457, 380, 411, 414, 413 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Seraikella.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against unknown thieves in regard to theft in the house of the informant and gold and silver jewellery worth Rs. 80,000/- and 10,000/- rupees in cash, mobile phone of Oppo Company, A.T.M Card, Adhar Card etc. were stolen.
Learned Counsel for the applicant has submitted that his name transpired during investigation and from possession of the applicant one mobile phone is alleged to be recovered which is alleged to be stolen property. Said recovery has been planted. There is no independent witness of the recovery memo. The applicant has been languishing in Jail since 16.11.2019 and similarly situated co-accused Sk. Chutu @ Safuddin @ Md. Safuddin has been granted bail in B.A.No. 3327 of 2020 vide order dated 08.07.2020 and Md. Irfan has been granted bail in B.A.No. 4955 of 2020 vide order dated 11.08.2020 by the Co-ordinate Bench of this Court and the applicant has been languishing in Jail since 16.11.2019.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
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.)
P.K.S.
1 issue framed by the court
Whether the applicant is entitled to be released on bail in theft conspiracy case.
1 provisions across 1 enactments
Umer Ali
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
