Dismissed

Nathuni Singh Alias Nathuni Ji v. the State of Jharkhand

Jharkhand HC12 Apr 2023Cr.A(DB)/245/2023

Case brief

AI extract

What is this about?

Criminal Appeal against the rejection of bail. The High Court of Jharkhand held that the appeal was devoid of merit given the appellant's confessed complicity and recovery of arms from the place of occurrence. The bail rejection order was dismissed.

What did the court decide?

The instant Criminal Appeal is dismissed; the original order of rejection of bail stands affirmed.

Nathuni Singh Alias Nathuni Ji Vs the State of Jharkhand — Corruption | Jharkhand HC (2023)

¶1

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.A. (DB) No. 245 of 2023

¶3

Nathuni Singh @ Nathuni Ji aged 29 years son of Late Niranjan Singh, resident of village Matlong, P.O. and P.S. Manika, District Latehar. … Appellant

¶4

… Appellant

¶5

Versus

¶6

The State of Jharkhand ..… … … Respondent

¶7

------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND

¶8

------For the Appellant : Mr. Ramesh Kumar, Advocate For the State : Ms. Anuradha Sahay, APP

¶9

¶10

Order No. 04 / Dated 12^th April, 2023

¶11

The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act against the order dated 30.01.2023 passed in B.P. No. 34 of 2023 by learned Additional Sessions Judge-I, Latehar whereby and whereunder the prayer for regular bail of the appellant has been refused in connection with Latehar P.S. Case No. 48 of 2022 corresponding to G.R. Case No. 69 of 2023 for the offence registered under Sections 25(1-A)/25(1AA)/26(2)/35 of the Arms Act and under Section 17 of the C.L.A. Act pending in the Court of learned Chief Judicial Magistrate, Latehar.

¶12

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. There is no recovery from the physical possessions of the appellant. The only allegation against the appellant is that the informant-police official has heard the name of the

¶13

¶14

appellant from a source basis upon which he has been named in the F.I.R and further his name has come in the confession statement of co-accused made before the police which has not no evidentiary value. Further, the appellant is in judicial custody since 22.11.2022.

¶15

In the backdrop of aforesaid facts, learned counsel for the appellant has submitted that it is a fit case where order of rejection of bail passed by learned Additional Sessions Judge-I, Latehar is required to be set aside and the appellant may be released on bail.

¶16

On the other hand, Ms. Anuradha Sahay, learned A.P.P on the strength of statement made in case diary has submitted that on the basis of information that extremist of banned group-T.S.P.C have assembled at Arwatanr Forest and planning to execute big crimes conducted joint operation, however, when they reached there saw 15-20 armed naxals to be there. But on halla being raised by one of them shouting the name of the present appellant including others to flee away, they succeeded in fleeing away taking benefit of forest and hilly area. On search, various incriminating articles were recovered from the place of occurrence, seizure of which was made, as would appear from paragraph 2 of the case diary. Further, referring to paragraph 21 of the case diary, learned A.P.P has submitted that the appellant has criminal antecedent in

¶17

¶18

similar nature of cases. Further referring to paragraph 61 of the case diary, learned A.P.P has submitted that the appellant has confessed his complicity in the occurrence.

¶19

In view thereof, submission has been made by learned A.P.P. that the order passed by learned Additional Sessions Judge-I, Latehar requires no interference.

¶20

We have heard learned counsel for the parties, perused the contents of case diary as also the order passed by learned Sessions Judge-I, Latehar.

¶21

From perusal of F.I.R., it appears that the appellant is a named accused. The allegation against the appellant is that when the State Police in joint campaign with Central Reserve Police Force Battalion raided Arwatanr Forest, they saw 15-20 extremists loaded with arms. But seeing the police party one of them made alert to others saying police is coming specially naming the appellant and other accused persons. From the place of occurrence, incriminating articles i.e., 7.62 mm loaded Bolt Action Rifle alongwith one alive cartridge in its barrel and four alive cartridge in its magazine, a .315 loaded without Magazine Bolt Action Riffle along with one alive cartridge in its barrel and other articles were recovered. From perusal of case diary, it further that six identical cases are pending against the appellant. It further appears that in the case at hand, charge-sheet has also been submitted for the offence under Sections 25(1-

¶22

¶23

A)/25(1-AA)/26(2)/35 of the Arms Act and under Section 17 of the C.L.A. Act.

¶24

This Court, taking into consideration these facts, is of the view that it is not a fit case to quash the order of rejection of bail passed by learned Additional Sessions Judge-I, Latehar.

¶25

Accordingly, the instant Criminal Appeal being devoid of merit is dismissed.

¶26

Let the original case diary be returned to the Court concerned, after retaining copy of same with the record.

¶27

(Sujit Narayan Prasad, J.)

¶28

(Subhash Chand, J.)

¶29

Alankar/-

Nathuni Singh Alias Nathuni Ji v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nathuni Singh Alias Nathuni Ji v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ms Bharat Coking Coal Limited through Its General Manager Sijua Area No v Sri Ashutosh Dwivedi Vs Neha Choubey

Rubi Rani Vs the State of Jharkhand

MD Samim Ansari Vs the State of Jharkhand

Upendra Yadav Vs the State of Jharkhand

Nathuni Singh Alias Nathuni Ji Vs the State of Jharkhand

Chetlal Prasad Vs the State of Jharkhand