Allowed

Sunil Sinha Alias Sunil Kumar Sinha v. the State of Jharkhand

Jharkhand HC22 Dec 2022A.B.A./6921/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand, in an anticipatory bail application under Section 438 CrPC, inclined to extend privilege of bail to the petitioner fearing arrest in a case involving alleged grab and insult. The petitioner was directed to surrender within four weeks and furnish a bond with sureties under specified conditions.

What did the court decide?

Extension of privilege of anticipatory bail; direction to surrender within four weeks and execute bail bond with sureties and furnish undertakings.

Sunil Sinha Alias Sunil Kumar Sinha Vs the State of… — Anticipatory Bail | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6921 of 2022

¶2

------ Sunil Sinha @ Sunil Kumar Sinha .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

¶3

------

¶4

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶5

-----For the Petitioner : Mr. Devesh Ajmani, Advocate Mr. Preetam Mandal, Adv. For the State : Mr. Tarun Kumar, Addl.P.P

¶6

------

¶7

Order No.05 Dated- 22.12.2022

¶8

Heard learned counsel for the parties.

¶9

Apprehending his arrest in connection with Peterwar P.S. Case No. 86 of 2020 corresponding to G.R. No. 610 of 2020 instituted under Sections 147, 149, 323, 325, 341, 342, 354, 354-B, 448, 452, 500, 504, 506, 509 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

¶10

As per FIR, allegation is that on 22.05.2022 at about 3 pm, present petitioner along with other co-accused persons forming an unlawful assembly entered into the house of the informant and dragged her out from the house, insulted her and tied her hands and cut her hair. It is further allege that petitioner along with others forcibly walked her in the village in semi naked condition applying black paint on her face.

¶11

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to previous enmity. No specific materials have been collected against the petitioner showing his involvement in the alleged offence. There is general and omnibus allegation against the petitioner and he has no criminal antecedent. Co- accused with similar allegation has already been extended privilege of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 14.01.2022 passed in A.B.A. No.108 of 2022. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

¶12

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that there are sufficient materials collected against the petitioner showing his involvement in the alleged offence. Hence, petitioner may not be extended privilege of anticipatory bail.

¶13

Considering the facts and circumstances of this case and from the perusal of the case diary, it appears that no local villagers have supported the prosecution story and the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bermo at Tenughat in connection with Peterwar P.S. Case No. 86 of 2020 corresponding to G.R. No. 610 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶14

(Pradeep Kumar Srivastava, J.)

¶15

Pappu/

Sunil Sinha Alias Sunil Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sunil Sinha Alias Sunil Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Samdarshi Yadav Alias Samvarti Yadav Vs the State of Jharkhand

Karan Kumar Alias Karan Raj Vs the State of Jharkhand

Piyush Raj Vs the State of Jharkhand

Ramchandra Maharan Vs the State of Jharkhand

Ganesh Mahto Vs the State of Jharkhand

Santosh Sah Vs the State of Jharkhand