Allowed

Sahdev Karmakar v. the State of Jharkhand

Jharkhand HC16 Oct 2023A.B.A./2906/2023

Case brief

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What is this about?

Single Bench of the High Court of Jharkhand granted anticipatory bail to the applicant in a case concerning alleged sale of government SC/ST land, directing surrender within four weeks and fixing bail conditions including sureties.

What did the court decide?

Grant of anticipatory bail; direction to surrender within four weeks; fixation of bail bond of Rs.10,000/- with two sureties.

Sahdev Karmakar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No.2906 of 2023

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Sahdev Karmakar …… Petitioner

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Versus

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The State of Jharkhand ….. Opp. Party

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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--------- For the Petitioner : Mr. R. P. Gupta, Advocate For the State : Mrs. Amrita Kumari, A.P.P ---------

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03/Dated: 16th October, 2023

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1. Heard learned counsel for the applicant and learned counsel for the State.

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2. Apprehending his arrest, the applicant has approached this Court for grant of privilege of anticipatory bail, in connection with Birsanagar P.S. Case No.56 of 2022, registered for the offence under Sections 467/ 468/ 471/ 420/ 34 of the Indian Penal Code.

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3. It appears that the allegation is that the SC/ ST land has been sold to a non-SC/ ST member. The alleged land belongs to the Government. Thus, prima facie it appears that the purchaser himself has entered into a wrong area.

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4. Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. On the above basis, prayer for anticipatory bail has been made.

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5. Learned counsel for the State has opposed the prayer for anticipatory bail.

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6. Considering the fact that there is commercial transaction between the parties and it is also hit by the C.N.T Act, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the applicant is directed to surrender in the court below within four weeks from today and in the event of his arrest or surrender, the court below shall enlarge the applicant on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Jamshedpur in connection with Birsanagar P.S. Case No.56 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further, this applicant 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.

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(Rajesh Kumar, J.)

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Chandan/-

Sahdev Karmakar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sahdev Karmakar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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