Krishna Purty Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Krishna Purty Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: release on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Seraikella, subject to conditions of physical presence on each trial date, abstention from similar offences, and non-tampering with prosecution evidences or influencing of prosecution witnesses.

Issue for consideration

Whether the petitioner, arraigned as an accused in Kuchai P.S. Case No. 21 of 2023 for offences under Sections 380/395/34 IPC, should be released on bail.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation, the materials available against the petitioner and the period of custody, the Court was inclined to release the petitioner on bail.

Ratio / Principle

Petitioner directed to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Seraikella, subject to conditions of remaining present on every trial date, not indulging in any similar offence, and not tampering with prosecution evidence or influencing prosecution witnesses.

Detailed headnote1 paragraphs

Bail application — Offences punishable under Sections 380/395/34 IPC — Kuchai P.S. Case No. 21 of 2023 — Petitioner in judicial custody since 19.12.2023; defence pleaded false implication based on co-accused's confessional statement and criminal antecedents, non-conduct of TIP and absence of recovery; State opposed citing collected positive materials and criminal antecedents — Held: considering the facts and circumstances, nature of allegation, materials available and period of custody, petitioner directed to be released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Seraikella, subject to conditions of presence on every trial date, abstention from similar offences, and non-tampering with prosecution evidence or witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.3204 of 2024

Krishna Purty … Petitioner

Versus

The State of Jharkhand … Opposite Party

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Ms. Anjani Kumar, Adv. For the State : Mr. Pankaj Kumar, Addl. P.P.

Order No.08/Dated- 09.08.2024

Heard learned counsel for the parties.

The petitioner has been made an accused in connection with Kuchai P.S. Case No. 21 of 2023 registered for the offences under Sections 380/395/34 of the Indian Penal Code, pending in the Court of learned A.C.J.M., Seraikella.

As per FIR, it is alleged that on 21.07.2023 at about 10 O’clock, while the informant was distributing household articles, 5-6 unknown miscreants on the plea of purchasing articles, entered into the shop of the informant and stolen away his bag containing cash of Rs.1,50,000/as well as cheque book and passbook of SBI, ATM Card, P.A.N. Card etc.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only on the basis of confessional statement of co-accused as well as due to some criminal antecedents. The petitioner is languishing in Judicial Custody since 19.12.2023 without any rhymes and reasons. No Test Identification Parade (TIP) has been conducted. No incriminating article has been recovered from the possession of petitioner. So far present incident is concerned, no positive materials have been communicated showing his involvement in complicity of the present case. 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.

On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner and submitted that during course of investigation sufficient positive materials have been collected showing involvement of petitioner in the alleged offence of robbery. Petitioner has several criminal antecedents. Hence, petitioner does not deserve bail.

Considering the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioner and period of custody of the petitioner, I am inclined to release the petitioner on 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 A.C.J.M., Seraikella in connection with Kuchai P.S. Case No. 21 of 2023 subject to the conditions:-

(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.

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

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

(Pradeep Kumar Srivastava, J.)

Sachin