Allowed

Raja Gond v. the State of Jharkhand

Jharkhand HC2 Aug 2024B.A./2584/2024

Case brief

AI extract

What is this about?

In a bail petition under Section 439 CrPC for an accused in a theft case (IPC 380), the High Court of Jharkhand allowed regular bail, directing release upon furnishing a bail bond and two sureties, subject to standard conditions of appearing in trial and refraining from tampering or further offences.

What did the court decide?

Petitioner released on regular bail by furnishing bail bond of Rs. 25,000 with two sureties of like amount each.

Raja Gond Vs the State of Jharkhand — Contract and Commercial Disputes | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2584 of 2024

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Raja Gond ...... Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate. For the State : Mr. Rakesh Kumar Sinha, A.P.P. ---------

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Order No. 05/Dated: 02^th August, 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 Garhwa P.S. Case No. 574 of 2023 registered for the offence under Section 380 of the I.P.C., pending in the Court of learned Chief Judicial Magistrate, Garhwa.

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As per FIR, allegation is for commission of theft of all the articles which were purchased for marriage purpose including jewelleries which is wroth Rs.3,00,000/- from the informant’s house. 4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in this case. He has been falsely implicated in this case, only on the basis of suspicion and except confessional statement and some alleged recovery, there is nothing against the petitioner. Petitioner is not Chief Judicial Magistrate, Garhwa.named in the FIR. No TIP has been conducted. The petitioner is languishing in Judicial Custody since 06.12.2023 without rhymes and reasons. Petitioner has no criminal antecedent. 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 opposed the prayer for bail of the petitioner and submitted stolen

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articles have been recovered from the possession of the petitioner and on the basis of confessional statement he has been identified during TIP. There is direct involvement of the petitioner in the alleged offence of the fact. Hence, petitioner does not deserve bail.

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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, allegation of offence which is punishable for maximum period of seven years and petitioner is in custody about more than eight months, but trial has not commenced, 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.25,000/- (Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with Garhwa P.S. Case No. 574 of 2023 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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Raja Gond v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raja Gond v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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