Allowed¶11

Dhiraj Jalan v. the State of Jharkhand

Jharkhand HC24 Jun 2024B.A./2799/2024

Case brief

AI extract

What is this about?

Bail application allowed by the High Court of Jharkhand at Ranchi (Ratnaker Bhengra, J.) on 24.06.2024 in B.A. No. 2799 of 2024, Dhiraj Jalan@Rupu v. The State of Jharkhand; offence under section 379 IPC (Bistupur P.S. Case No. 193 of 2023, G.R. No. 84 of 2024); bail bond Rs. 25,000/- with two like sureties; conditions as to trial attendance, Aadhaar/mobile particulars and bi-monthly police station reporting for one year.

What did the court decide?

Release on bail on executing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamshedpur, subject to conditions of trial attendance, furnishing Aadhaar Card copy and active mobile number, and periodic police station reporting for one year. ¶11

Dhiraj Jalan 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 an offence under section 379 IPC in Bistupur P.S. Case No. 193 of 2023 (G.R. No. 84 of 2024) and in custody since 04.12.2023, should be released on bail.

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Court's answer

The petitioner is ordered to be released on bail on executing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamshedpur, in connection with Bistupur P.S. Case No. 193 of 2023 corresponding to G.R. No. 84 of 2024.

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Ratio / Principle

Bail is subject to conditions: attendance at each and every date of trial unless dispensed with; submission of self-attested photocopy of Aadhaar Card and an always-active mobile number to the court below; and reporting to the concerned police station every second and fourth Saturday of the month between 01:00 and 05:00 p.m. for one year, failing which the bail-bond is liable to be cancelled.

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Detailed headnote1 paragraphs

Bail granted — Dhiraj Jalan@Rupu, accused in Bistupur P.S. Case No. 193 of 2023 corresponding to G.R. No. 84 of 2024 for an offence under section 379 of the IPC, and in custody since 04.12.2023, was ordered released on bail on executing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamshedpur. Conditions imposed: attendance at every trial date unless dispensed with; submission of self-attested Aadhaar Card photocopy and an active mobile number; and reporting to the concerned police station every second and fourth Saturday of the month between 01:00 and 05:00 p.m. for one year, default whereof renders the bail-bond liable to cancellation. The State opposed bail citing the petitioner's large number of criminal antecedents as a habitual bike thief.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 2799 of 2024

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Dhiraj Jalan@Rupu

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... Petitioner

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-VersusThe State of Jharkhand … ... Opposite Party

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CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner :- Mr. Manish Kumar Advocate; For the State :- Mr. Shailesh Kumar Sinha, APP;

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05/24.06.2024: All the counsels are present.

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Learned counsel for the petitioner submitted that the petitioner has been made accused in connection with Bistupur P.S. Case No. 193 of 2023 corresponding to G.R. No. 84 of 2024 registered for the offence under section 379 of the IPC. The counsel further submits that the petitioner has been implicated in this case only on the basis of his confessional statement before the police. The counsel further submitted that the bike in question was recovered from the house of one Jitiya Oraon. The counsel further submits that the petitioner has also been implicated unnecessarily in many other cases and points to page 6 of the petition, where the petitioner has been either enlarged or bail, or have been acquitted in all similar occurrences and therefore, there is no reason as to why he may not be acquitted in this case, and also this is the last case in which the bail of the petitioner is pending. Moreover, the petitioner is in custody since 04.12.2023 and therefore, in the aforesaid circumstances he may be granted the privilege of bail.

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Learned counsels for the State has opposed the prayer for bail of the petitioner and submitted that the petitioner has large number of criminal antecedents which indicates that he is a habitual offender in such bike theft.

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Having heard learned counsels for the parties and in the facts and circumstances on record, the petitioner, named above, is ordered to be released on bail on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur, in connection with Bistupur P.S. Case No. 193 of 2023, corresponding to G.R. No. 84 of 2024 subject to the conditions that:-

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i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below and

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ii) the petitioner shall submit self-attested photocopy of his Aadhaar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court

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iii)the petitioner shall report to the concerned police station on every second and

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fourth Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non-appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

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(Ratnaker Bhengra, J.)

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Abha/-

Dhiraj Jalan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dhiraj Jalan 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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