Allowed bail to the applicant in a theft case pending under sections 413/414/34 of the IPC, subject to furnishing a bond and conditions regarding attendance and witness threats.
Release on bail by furnishing a bail bond of Rs. 25,000/- with two sureties, subject to conditions regarding attendance and no interference with witnesses.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3889 of 2022
Mahmud Alam …… ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party ------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Rahul Pandey, Advocate For the State : Mr.Vishwanath Roy, A.P.P
6/20.07.2022 Heard learned counsel for the applicant and learned
APP for the State.
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Rajrappa P.S. Case No.156/2021 under sections 413/414/34 of the IPC, pending in the court of learned SDJM, at Ramgarh.
Learned counsel for the applicant has submitted that FIR of this case was lodged against three named accused persons including the applicant with these allegations that the informant police officer had received information that some persons were coming by the stolen bike. The raid was conducted and two persons were apprehended and it was found that Chasis Number and Engine Number did not match with the registration number and both the apprehended were identified as Mahmud Alam and Samir @ Iqbal Ansari. One mobile phone was recovered from them and it was disclosed by them that they had stolen motorcycle from somewhere at Ranchi and had snatched away mobile phone from several persons and they were also involved in selling of the stolen articles.
Learned counsel for the applicant has further submitted that though the applicant was apprehended at the spot. The stolen motorcycle and mobile phone are alleged to be recovered; but there is no theft report of the same. The co-accused Samir Ansari @ Samir Iqbal Ansari has been granted bail in B.A.No.2675/2022 vide order dated 15.03.2022 by the co-ordinate bench of this court and the applicant has been languishing in jail since 02.12.2021.
Learned APP for the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant is having criminal antecedents of nine cases.
In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case, subject to the conditions that the applicant will not absent himself on the date fixed by the learned trial court and he will also not threaten the witnesses, failing which the learned trial court will be at liberty to cancel his bail without any further reference to this Court.
(SUBHASH CHAND, J.)
tarun
1 issue framed by the court
Whether the bail application under sections 413/414/34 of the IPC should be allowed.
Mahmud Alam
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
