Allowed¶12

Anil Singh Alias Anil Kumar Singh v. the State of Jharkhand

Jharkhand HC27 Jun 2024B.A./1962/2024

Case brief

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What is this about?

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Dumka, in connection with Kathikund P.S. Case No. 07 of 2017, subject to conditions of trial attendance, abstention from similar offences, and non-tampering with evidence/witnesses. ¶12

Anil Singh Alias Anil Kumar Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused of robbery under Section 394 I.P.C. in connection with Kathikund P.S. Case No. 07 of 2017 and in custody since 22.11.2023, should be enlarged on bail.

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Court's answer

Bail granted taking into account the facts and circumstances, materials on record, recovery of the tyre, the fact that the petitioner was not put to a test identification parade, and his custody of more than eight months.

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Ratio / Principle

Release ordered on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Dumka, in connection with Kathikund P.S. Case No. 07 of 2017.

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Key takeaways

Conditions imposed: physical presence on each and every date till conclusion of trial; no indulgence in any similar offence; no tampering with prosecution evidence or influencing prosecution witnesses.ratio¶15
Violation of the bail conditions will result in cancellation of bail and the petitioner being taken into custody by the learned Trial Court.ratio¶16

Detailed headnote1 paragraphs

Bail Application (Jharkhand High Court, Pradeep Kumar Srivastava, J., Order dated 27.06.2024) — Petitioner accused under Section 394 I.P.C. in Kathikund P.S. Case No. 07 of 2017 / G.R. Case No. 115 of 2017 arising out of an F.I.R. dated 14.02.2017 alleging armed robbery of 30 Apollo Radius Tyres from a pickup van at Amjhari More; pending before Judicial Magistrate, Ist Class, Dumka. In custody since 22.11.2023 (over 8 months); no recovery from his possession per defence, no test identification parade conducted, though the State contended investigation revealed his participation and recovery of tyre. Court found the period of custody, absence of T.I.P. and the recovery sufficient to enlarge him on bail on a bond of Rs.25,000/- with two like sureties, subject to conditions of personal appearance at each trial date, abstention from similar offences and from tampering/influencing witnesses; breach entails cancellation of bail.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.1962 of 2024

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Anil Singh @ Anil Kumar Singh … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Ashok Kumar Sinha (4), Adv. : Mr. Sumeet Anand, Adv. For the State : Ms. Anuradha Sahay, A.P.P.

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Order No.07 /Dated- 27.06.2024

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Kathikund P.S. Case No. 07 of 2017 corresponding to G.R. Case No. 115 of 2017 registered under Section 394 of I.P.C. which is now pending in the Court of Learned Judicial Magistrate, Ist Class, Dumka.

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As per F.I.R., on 14.02.2017, informant was going to Pakur after loading 30 pieces of Apollo Radius Tyre in his pickup Van No. JH-16B6494. When he reached Amjhari More, a Bolero without registration number, in which there was a sticker of police, came from back side and overtook his vehicle and stopped in front of his vehicle. Three persons came down having small pistol type weapon in their hands and pointed from three sides on the informant and looted all the tyres.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely been implicated in this case only on basis of suspicion and nothing has been recovered from the possession of the present petitioner nor he has not put under test identification parade. Involvement of the present petitioner in the alleged offence of robbery is not established by any cogent evidence collected during investigation. The petitioner is languishing in jail since 22.11.2023. Petitioner undertakes to co-operate with the trial of the case and to remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has vehemently opposed the prayer for bail of the petitioner and submitted that it is a case of robbery of 30 Apollo Radius tire of four-wheeler vehicles. The name of the petitioner has been transpired in the investigation showing participation. Hence, petitioner does not deserve to be enlarged on bail.

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Considering the facts and circumstances of this case, materials available on record and also in view of the fact, there is recovery of tire and petitioner was not put under T.I.P. and he is in custody more than 8 months, I am inclined to release the above-named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of Learned Judicial Magistrate, Ist Class, Dumka in connection with Kathikund P.S. Case No. 07 of 2017 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.

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(Pradeep Kumar Srivastava, J.)

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Amar/-

Anil Singh Alias Anil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anil Singh Alias Anil Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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