Suman Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Suman Kumar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on executing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Dumka, in connection with Hansdiha PS Case No. 70 of 2023, subject to conditions: submission of self-attested Aadhaar Card copy and an always-active mobile number; presence on every trial date unless dispensed with; monthly reporting to the concerned police station on the last Saturday (1:00 PM to 5:00 PM) for twelve months, failing which the bail bonds shall be cancelled.

Issue for consideration

Whether the petitioner, in custody since 25.09.2023 in connection with Hansdiha PS Case No. 70 of 2023, should be released on bail.

Court's answer

The petitioner is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Dumka, in connection with Hansdiha PS Case No. 70 of 2023.

Ratio / Principle

Condition (i): the petitioner must submit a self-attested photocopy of his Aadhaar Card and his mobile number to the Court below, keeping that number always active.

Key takeaways

Condition (ii): the petitioner shall remain present on each and every date of trial before the learned Court below unless dispensed with by that Court.ratio¶14
Condition (iii): the petitioner shall report to the concerned police station on the last Saturday of every month between 1:00 PM and 5:00 PM for the next twelve months, failing which his bail bonds shall be cancelled; any exception to such attendance requires direction from the learned Court below.ratio¶14

Detailed headnote1 paragraphs

BAIL — GRANTED. High Court of Jharkhand (Ratnaker Bhengra, J., 14.03.2024), B.A. No. 184 of 2024 — Suman Kumar v. The State of Jharkhand, in connection with Hansdiha PS Case No. 70 of 2023 (Judicial Magistrate, 1st Class, Dumka); petitioner in custody since 25.09.2023. Senior counsel (R.S. Mazumdar, Sr. Adv.) submitted that the seized mobile phones and electronic gadget did not belong to the petitioner and were allegedly planted by the police; the seized Nexon vehicle belongs to the petitioner's wife and the Royal Enfield motorcycle to his brother-in-law; nothing incriminating was recovered from the petitioner's possession; no aggrieved person came forward claiming to have been cheated; and the petitioner has no criminal antecedent save the present case. The State (Ruby Pandey, APP) opposed, contending the petitioner admitted guilt in his confession and the seizure list matches that confession. Held: petitioner ordered released on bail on a bond of Rs. 25,000/- with two like sureties, subject to (i) submission of self-attested Aadhaar Card copy and an always-active mobile number to the Court below, (ii) presence on every trial date unless dispensed with, and (iii) reporting at the concerned police station on the last Saturday of every month between 1:00 PM and 5:00 PM for twelve months, failing which the bail bonds shall be cancelled; exceptions only by direction of the Court below.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 184 of 2024

Suman Kumar

The State of Jharkhand

... Petitioner

-Versus… ... Opposite Party

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Petitioner :- Mr. R.S. Mazumdar, Sr. Advocate For the State :- Mrs. Ruby Pandey, APP

03/14.03.2024: Heard both the counsels.

The learned senior counsel for the petitioner has submitted that the petitioner has no concern either with the seized mobiles or electronic gadget in question. The learned senior counsel has further submitted that so far as seized electronic gadget and mobile phones are concerned, the same do not belong to the petitioner and has been planted by the police in order to make out a case against the petitioner. The learned senior counsel has further submitted that as far as the Nexon vehicle is concerned, which was seized in this case, belongs to the wife of the petitioner. So far as Royal Enfield motorcycle is concerned, the same belongs to his brother-in-law. The learned senior counsel has further submitted that nothing incriminating article has been recovered from the possession of this petitioner and that no aggrieved person has come forward to say that he has been cheated by this petitioner. The learned senior counsel has further submitted that the petitioner has no criminal antecedent save and except the present case. Moreover, the petitioner is in custody since 25.09.2023. Therefore, the petitioner may be granted privilege of bail.

Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that in the confession of the petitioner, he has admitted his guilt. The seizure list was prepared and has been indicated. The learned counsel has further submitted that the seizure list matches with his confession.

Having gone through the records of the case and arguments in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Dumka, in connection with Hansdiha PS Case No. 70 of 2023, subject to the conditions that (i) the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of

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this case without prior permission of the Court (ii) the petitioner shall also remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below and (iii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve month, failing which his bail bonds shall be cancelled. Any exception to such attendance shall be done so after direction from the learned Court below.

S.B.

(Ratnaker Bhengra, J.)