Allowed

Guddan Singh Alias Vishwas Singh v. the State of Jharkhand

Jharkhand HC3 Aug 2022A.B.A./4799/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi, granted anticipatory bail to the applicant in a case registered under Sections 341, 323, 504, 506, 34 IPC and Section 17 of C.L.A. Act, allowing release on a bond of Rs.15,000 with conditions regarding interrogation and non-tampering.

What did the court decide?

Prayer for anticipatory bail allowed on furnishing bail bond of Rs.15,000 with two sureties.

Guddan Singh Alias Vishwas Singh Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4799 of 2022

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Guddan Singh @ Vishwas Singh ..... … 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. Sheo Kumar Singh, Advocate For the State : Mr. Nawin Kumar Singh, A.P.P. --------

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04/ 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 Chainpur P.S. Case No. 151 of 2018, registered under Sections 341/323/504/506/34 of the Indian Penal Code and under Section 17 of C.L.A. Act, pending in the court of the S.D.J.M., Palamau at Daltonganj.

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Learned Counsel for the applicant has submitted that the F.I.R. of this case was lodged against one named accused Rajnath Yadav and five unknown persons with these allegations that there was land dispute between the informant and accused-Rajnath Yadav and the case was also pending in regard to the same for which the accused had been creating pressure to withdraw the same. At his behest two persons came to his house and asked him to show the path for their destination where nearby the agricultural field of Potam Parahiya 4 to 5 persons armed with deadly weapon were there and all asked to the informant to compromise the matter with Rajnath Yadav and two of them had told their name Manoj Ji and Ravi and claimed to be the member of J.J.M.P. They also gave mobile number to the informant to have talk on the same.

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Learned Counsel for the applicant has submitted that in the whole F.I.R. there is no allegation against the applicant. The named accused is Rajnath Yadav and name of the applicant transpired in confessional statement of co-accused Rajnath Yadav. The applicant is having no criminal antecedent and he has been implicated in this case with the object to humiliate him on being arrested by the police.

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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.15,000/-(Rupees Fifteen 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 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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P.K.S.

Guddan Singh Alias Vishwas Singh v. the State of Jharkhand

Case brief

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Guddan Singh Alias Vishwas Singh v. the State of Jharkhand

Case brief

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What did the court decide?

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