Allowed

Munna Jaiswal v. the State of Jharkhand

Jharkhand HC3 Aug 2022A.B.A./4317/2022

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Jharkhand High Court allowed the release of the applicant. Despite the State's opposition, the Court released the applicant without expressing an opinion on the merits, subject to standard conditions and a bond. Conditions included appearing for interrogation, no induction or tampering with evidence, and cooperation in the trial.

What did the court decide?

Anticipatory bail allowed on furnishing a bond of Rs. 25,000 with two sureties and adhering to specific conditions regarding interrogation and trial cooperation.

Munna Jaiswal Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4317 of 2022

Munna Jaiswal

..... … Petitioner

Versus

The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-------For the Petitioner : Mr. Prabhash Ch. Sinha, Advocate For the State : Mr. Praveen Kumar Appu, A.P.P. --------

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06/ 03.08.2022 Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Nimiaghat P.S. Case No. 96 of 2021, registered under Sections 464, 468, 471, 420, 414, 120 (B)/34 of the Indian Penal Code, pending in the court of the Judicial Magistrate, Giridih.

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Learned Counsel for the applicant has submitted that, as per F.I.R. allegations, the informant police officer while on patrolling had intercepted a Truck bearing registration No. UP-52T-2382 which was laden with iron rod and it is alleged that the documents of the consignment were not produced while all the papers were produced and verification of the same has not been completed. The applicant is the owner of the said Truck. All the documents of the iron rod with which Truck was laden were handed over by the consigner. The applicant is having no criminal antecedent and has been implicated in this case being the owner of the said Truck.

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Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.

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In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage. Accordingly, prayer for anticipatory bail of the applicant is hereby allowed.

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In the event of arrest, let the applicant be released on anticipatory 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 on the following conditions :-

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i. The applicant shall make himself available for interrogation by a police officer as and when required.

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ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such

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facts to the court or any police officer or tamper with the evidence.

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iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.

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(Subhash Chand, J.)

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P.K.S.

Munna Jaiswal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Munna Jaiswal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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