Allowed

Dharmendra Singh v. the State of Jharkhand

Jharkhand HC8 Jul 2024B.A./1144/2024

Case brief

AI extract

What is this about?

Regular bail plea by an accused in a dacoity case on Jammu Tavi Express registered under Sections 395/397 IPC and Section 27 Arms Act. No incriminating article recovered and no TIP conducted; co-accused similarly alleged was already granted bail. Court granted regular bail with conditions including presence at trial and no tampering with evidence.

What did the court decide?

Petitioner directed to be released on bail on Rs.20,000 bond with two like sureties, subject to trial attendance and non-tampering conditions.

Dharmendra Singh Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1144 of 2024

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Dharmendra Singh ….. Petitioner

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Versus 1. Union of India through Railway 2. The State of Jharkahand ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Nilesh Kumar, Advocate. For the State : Mr. Saket Kumar, A.P.P. ---------

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Order No. 07/Dated: 8^th July, 2024

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Sessions Trial No. 122(A) of 2018 arising out of Barkakana Rail P.S. Case No. 15 of 2016, registered for the offences punishable under Sections 395/397 of the I.P.C. and Section 27 of the Arms Act., pending in the Court of learned Additional Sessions Judge-I, Latehar.

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As per FIR, allegation is commission of dacoity in the Jammu Tavi Expresses.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the FIR. No incriminating article has been recovered from the possession of the petitioner and no TIP has been conducted. Charge sheet has been framed. Petitioner is languishing in Judicial Custody since 30.10.2023. It is further submitted that other co-accused person with similar allegation has been granted bail by this Court vide order dated 19.02.2021 passed in B.A. No. 11213 of 2020. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.

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On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner.

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Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioner, I am inclined to release the petitioner on regular bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Latehar in connection with Sessions Trial No. 122(A) of 2018 arising out of Barkakana Rail P.S. Case No. 15 of 2016 subject to the conditions:-

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(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

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(2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

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(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

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(Pradeep Kumar Srivastava, J.)

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Simran/

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Dharmendra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dharmendra Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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