Partly allowed

Ishwar Sahu v. the State of Jharkhand

Jharkhand HC23 Aug 2022B.A./6446/2022

Case brief

AI extract

What is this about?

This is a bail application by a petitioner accused under the NDPS Act for recovery of ganja. The High Court, considering the petitioner's cooperation and custody period, directed his release on bail with conditions regarding trial attendance and evidence tampering.

What did the court decide?

The petitioner was directed to be released on bail on furnishing a bond of Rs. 20,000 with two sureties, subject to conditions of physical attendance and no evidence tampering.

Ishwar Sahu Vs the State of Jharkhand — Narcotics (NDPS) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.6446 of 2022

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Ishwar Sahu … 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. A.K. Chaturvedy, Adv. For the State : Mr. Ravi Prakash, Spl. P.P.

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Order No.04 Dated- 23.08.2022

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Gumla P.S. Case No. 127 of 2022 registered under sections 20(B)(ii)(c), 22(a) and 29 of NDPS Act.

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Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against two named accused including the petitioner with allegations that the informant police officer had apprehended present petitioner from whose possession 19.5 k.g. Ganja was recovered and petitioner disclosed that he used to purchase from Shrawan Sahu and same was being sold by him. Co-accused-Shrawan Sahu also apprehended and from his possession 4 k.g. Ganja is alleged to be recovered.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in F.I.R. It is further submitted that alleged recover of 19.5 kg Ganja from possession of petitioner was of intermediary quantity and the same has been planted. There is no witness of the seizure memo. Co-accused with similar allegation has already been admitted to bail by the Co-ordinate Bench of this Court vide order dated 28.06.2022 passed in B.A. No.6387 of 2022. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or informant. The petitioner is languishing in judicial custody since 21.04.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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Learned Spl. P.P. has opposed the prayer for bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on

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record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gumla in connection with Gumla P.S. Case No. 127 of 2022 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or informant.

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In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Ishwar Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ishwar Sahu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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