Single judge allowed the bail application of applicants in custody for offences under Sections 147/148/149 IPC and Sections 3(4)/3(5)/21 PTA, directing release on furnishing bail bonds with conditions.
Applicants directed to be released on bail on furnishing bail bonds of Rs.10,000 each with two sureties of the like amount.
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 B. A. No. 836 of 2023
....
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. Ramesh Kumar, Adv. For the State : Mr. P.D.Agrawal, A.P.P.
05/03.03.2023 The applicants who are in custody since 14.11.2022 have approached this Court for grant of regular bail in connection with Hariharganj P.S. Case No.07 of 2003, corresponding to G.R. Case No.1426 of 2004, registered for the offence under Sections 147/ 148/ 149/ 342/ 387/ 323 of IPC and Sections 3(4)/ 3(5)/ 21(1)(a)/ 21(2)(a)(b)(c) of the Prevention of Terrorism Act. Cognizance has been taken under Sections 147/ 148/ 149/ 342/ 387/ 323 of IPC and Section 17 of the C.L.A. Act.
It has been submitted by learned counsel for the applicant(s) that complete set of F.I.R. alongwith its enclosure have been annexed with this bail application and there is no suppression on his part
Innocence has been claimed and undertaking has been given for participation in the trial. It has been submitted by learned counsel for the applicants that some of the co-accused has already been acquitted after facing the trial. Further, the incident is of the year 2003. On above basis prayer for bail has been made.
Learned A.P.P. has opposed the prayer for bail of the applicants.
Considering the above facts, the applicants, named above, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Palamau at Daltonganj in connection with Hariharganj P.S. Case No.07 of 2003, corresponding to G.R. Case No.1426 of 2004, subject to the following conditions:-
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether the applicants are entitled to grant of regular bail in connection with the cases of rioting and kidnapping punishable under the IPC and the PTA.
2 provisions across 2 enactments
Jageshwar Yadav @ Janeshwar Yadav
Ramdhani Yadav
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
