Criminal revision to release petitioner not named in FIR but included in co-accused confession. Court grants nameless petitioner bail with bond, sureties, and specific monthly police attendance conditions.
Petitioner released on bail bond of Rs. 20,000 with two sureties; conditions include monthly police station attendance every last Saturday.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
BA No. 8963 of 2022
Sunil Oraon … … Petitioner Versus The State of Jharkhand … … Opposite Party
------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Rahul Kumar Singh, Advocate For the State : Mr. Santosh Kumar Shukla, APP -------- Order No.04/Dated: 19th September, 2022
When the matter is called out, both the learned counsels have
appeared.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR rather his name has come on the confessional statement of coaccused who have been named in the FIR. Moreover, he says that two co-accused persons, namely, Ram Kumar Singh and Hem Narayan Singh have been granted bail vide orders dated 01.09.2022 passed in BA No. 8889 of 2022 and BA No. 8879 of 2022 respectively and the case of the petitioner is on similar footing. Therefore, he may be released on bail.
Learned counsel for the State opposed the prayer for bail but has not denied the cited bail orders.
Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on bail, on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar, in connection with Latehar PS Case No. 45 of 2022, corresponding to GR Case No. 370 of 2022, subject to the condition that the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court and further condition that petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non- appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.
(Ratnaker Bhengra, J.)
3 issues framed by the court
Whether the petitioner, whose name was not in the FIR but appeared in a co-accused's confessional statement, should be released on bail on similar footing to released co-accused.
What conditions should be imposed on the bail of a petitioner included in a confessional statement but not in the FIR.
Whether the petitioner can be released on bail subject to attendance at the police station on specific days.
Sunil Oraon
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
