Raj Kumar Alias Rajkumar Chandrawanshi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Raj Kumar Alias Rajkumar Chandrawanshi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on bail-bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Garhwa, in connection with Garhwa PS Case No. 176 of 2023, subject to conditions of attending every trial date and furnishing self-attested Aadhar Card copy with an active mobile number.

Issue for consideration

Whether the petitioner, in custody since 15.07.2023 in connection with Garhwa PS Case No. 176 of 2023, should be released on regular bail.

Court's answer

The petitioner is 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 CJM, Garhwa, in connection with Garhwa PS Case No. 176 of 2023.

Ratio / Principle

Bail is subject to conditions: (i) the petitioner shall attend each and every date of trial unless dispensed with by the court below; (ii) he shall submit a self-attested photocopy of his Aadhar Card and an active mobile number, to be kept active and unchanged during pendency of the case without prior permission of the Court.

Detailed headnote1 paragraphs

Bail granted (Jharkhand High Court, Ratnaker Bhengra, J., 27.06.2024). In B.A. No. 3213 of 2024, Raj Kumar @ Rajkumar Chandrawanshi, in custody since 15.07.2023 in Garhwa PS Case No. 176 of 2023, was released on bail on a bail-bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Garhwa. Counsel for the petitioner urged that his identity was made known/public before the TIP, rendering identification questionable; that he was not named in the FIR and was implicated only on the confessional statement of co-accused Shankar Rajak @ Shankar Kumar Rajak; that no incriminating article was recovered from his possession; and sought parity with the said co-accused (BA No. 11324 of 2023), granted regular bail on 21.03.2024 despite one criminal antecedent. State counsel opposed, citing TIP identification by the informant and the petitioner's criminal antecedent. Bail made subject to conditions of attending every trial date unless dispensed with, and furnishing a self-attested Aadhar Card copy and an active mobile number not to be changed without prior permission of the Court.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 3213 of 2024

Raj Kumar @ Rajkumar Chandrawanshi ... Petitioner -VersusThe State of Jharkhand … ... Opposite Party

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Petitioner :- Mr. Vikas Kumar, Advocate; Mr. Suraj Singh, Advocate For the State :- Mr. Vishwanath Roy, SPP

04/27.06.2024: Heard both the counsels.

The learned counsel for the petitioner has submitted that this is a case in which identity was made known or public, prior to putting on TIP and therefore, the issue of identification is questionable. The learned counsel has further submitted that the petitioner is not named in the FIR. Only on the confessional statement of the co-accused, the name of this petitioner has come. No incriminating article has been recovered from the possession of this petitioner. The learned counsel has further submitted that the co-accused, namely, Shankar Rajak @ Shankar Kumar Rajak in BA No. 11324 of 2023, who has got one criminal antecedent, has been granted regular bail by this Court vide order dated 21.03.2024, therefore, seeks parity. Moreover, the petitioner is in custody since 15.07.2023 and therefore, this 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 the petitioner was identified in TIP by the informant and that the petitioner has got criminal antecedent.

Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, 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 the learned CJM, Garhwa, in connection with Garhwa PS Case No. 176 of 2023, subject to the conditions that (i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioner shall submit self-attested photocopy of his Aadhar 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.

S.B.

(Ratnaker Bhengra, J.)