This order grants regular bail to the applicant accused of cheating and criminal conspiracy. Considering the custody period and lack of suppression, release is directed on furnishing a bond with sureties.
Application allowed; applicant directed to be released on bail subject to bond and reporting conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.457 of 2023
Ram Sewak Chaudhary …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner(s)/Applicant(s) : Mr. Manoj Kr. No.2, Adv. For the State : Mr. Vijay Kr. Sinha, A.P.P.
06/Dated: 24th April, 2023
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant who is in custody since 02.12.2022 has approached this Court for grant of regular bail in connection with Danda P.S. Case No.20 of 2017 corresponding to G.R. No.1266 of 2017, registered for the offence under Sections 406, 420 and 34 of the Indian Penal Code, pending in the court of learned A.C.J.M., Garhwa.
3. It appears that the applicant is made accused for syphoning the money meant for the beneficiary and they are middle men.
4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that some of similarly situated co-accused has already been enlarged on bail. On the above basis, prayer for bail has been made.
6. Learned counsel for the State has opposed the prayer for bail. 7. Considering the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Garhwa in connection with Danda P.S. Case No.20 of 2017 corresponding to G.R. No.1266 of 2017, subject to condition that the applicant will keep on reporting to the concerned police station during the pendency of the trial. Further, the applicant(s)
will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether the applicant, already in custody since December 2022, is entitled to a grant of regular bail in the present facts.
Ram Sewak Chaudhary
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
