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Shekh Abbas Alias Abbas Khan v. the State of Jharkhand

Jharkhand HC25 Aug 2023B.A./6636/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand released the petitioner on bail in a bail application filed under Sections 420, 406, 467, 468, and 471 IPC, directing furnishing of bond with sureties subject to a condition regarding the bailor.

What did the court decide?

Petitioner released on bail with a bond of Rs.10,000 and two sufficient sureties of like amount each to the satisfaction of the Judicial Magistrate, Godda, subject to the condition that one bailor is

Shekh Abbas Alias Abbas Khan Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 6636 of 2023

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Shekh Abbash @ Abbash Khan …… Petitioner Versus The State of Jharkhand ……. Opp. Party

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---------

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Pankaj Kumar Choudhary, Advocate For the State : Mr. Naveen Kr. Ganjhu, APP -----------

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4/Dated: 25^th August, 2023

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The petitioner is an accused in connection with Mahagama P.S. Case no.159 of 2020, corresponding to G.R. Case No.1078 of 2021 registered under Section 420, 406, 467, 468 and 471 of the Indian Penal Code instituted on the basis of one complaint case filed by one Jitendra Kumar.

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Heard learned counsel for the petitioner and learned counsel for the State.

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It is submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that as per FIR arising out of complaint case, maximum allegation against this petitioner is that complainant had deposited Rs.20,000/- in the Bank Account of the petitioner under the instruction of main accused Rajesh Kumar Thakur for securing job. It is submitted that the co-accused Rajesh Kumar Thakur and Mukesh Kumar Thakur @ Mukesh Kumar have already been granted bail by this Court in B.A. No.13458 of 2021 on 16.12.2021 on the basis of compromise between the informant and the accused persons. It is submitted that the petitioner is in custody since 15.05.2023 and hence may be enlarged on bail.

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On the other hand, learned APP has opposed the prayer for bail. It is submitted that the petitioner is named in the FIR

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-2-

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arising out of Complaint Case No.483 of 2020. It is further submitted that it has also come in Para- 97 of the case diary that the petitioner has received Rs.20,000/- from the informant. It is also submitted that petitioner also got one criminal antecedent and hence prayer for bail may be rejected.

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Perused the FIR and records of this case and considered the submission of both the sides. 6. It appears that the petitioner has been named by the complainant in Para-9 of the complaint about handing over of Rs.20,000/- in his Bank Account on the instruction of coaccused Rajesh Kumar Thakur. 7. It appears that the co-accused Rajesh Kumar Thakur and Mukesh Kumar Thakur @ Mukesh Kumar have already been granted bail by this Court in B.A. No.13458 of 2021 on 16.12.2021 on the basis of compromise between the informant and the accused persons. 8. Considering the facts and in the circumstances of this case, the petitioner namely Shekh Abbash @ Abbash Khan is directed to be released on bail, on furnishing bail bond of Rs.10,000/(Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Walter Bhengra, learned Judicial Magistrate, Ist Class, Godda or his Successor Court in connection with Mahagama P.S. Case no.159 of 2020, corresponding to G.R. Case No.1078 of 2021, subject to the condition that one of the bailors should be own relative of the petitioner.

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(Sanjay Prasad, J.)

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Saket/-

Shekh Abbas Alias Abbas Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shekh Abbas Alias Abbas Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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