This order grants bail to Kaushal Jaiswal, an accused in a case under Section 392 IPC, directing his release upon furnishing a bond of Rs. 20,000 with two sureties and complying with standard bail conditions regarding attendance and conduct.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5149 of 2022
Kaushal Jaiswal @ Kaushal Jaishwal …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.
Order No.04/ Dated:10.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Deoghar Town P.S. Case No. 502 of 2021 corresponding to G.R. No. 261 of 2022, registered for the offence under Section 392 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Deoghar.
As per F.I.R., the allegation is that on 08.10.2021 at about 9:35 AM, while the informant and his staffs were working in his shop, meanwhile, 3-4 miscreants entered into the shop of the informant armed with country made pistols and robbed Rs.40,000-45,000/- in cash of the informant’s shop on the gun point. It is further alleged that all the incidents have been recorded in CCTV camera installed in his shop.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that co-accused, namely, Rahul Singh has been granted bail by this Court in B.A. No. 6489 of 2022 vide order dated 24.06.2022 and other co-accused, namely, Sonu Kumar Chhetri in B.A. No.3940 of 2022 vide order dated 26.04.2022, Mithu
Kumar Yadav in B.A. No. 3987 of 2022 vide order dated 26.04.2022 and Pushkar Kumar Singh @ Pushkar Singh @ Rocky @ Pushker Singh @ Puskar Kumar Singh in B.A. Nos.2386 of 2022 and 2529 of 2022 vide order dated 04.05.2022 have been granted bail by the Co-ordinate Bench of this Court. The petitioner is languishing in Judicial custody since 06.12.2021 without rhymes and reasons. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidence or influencing the witnesses of prosecution, hence, the petitioner may be admitted to bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.
Regard being had to the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case No. 502 of 2021 corresponding to G.R. No. 261 of 2022 subject to the conditions:-
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
R.K.
1 issue framed by the court
Whether bail should be granted to the petitioner who is alleged to have committed an offence under Section 392 of the Indian Penal Code.
Kaushal Jaiswal @ Kaushal Jaishwal
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
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