Aman Srivastava Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Aman Srivastava Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to the applicant Aman Srivastava @ Aman Shrivastava in Giddi P.S. Case No. 37 of 2020 / S.T. Case No. 56 of 2024 on furnishing a bail bond with two sureties of the like amount, subject to conditions of co-operation with the trial, non-tampering with evidence/witnesses, and trial-court liberty to cancel bail on breach.

Issue for consideration

Whether the petitioner, implicated only through a co-accused's confessional statement with no T.I.P. conducted and having 32 criminal antecedents, is entitled to be released on bail in connection with Giddi P.S. Case No. 37 of 2020, corresponding to S.T. Case No. 56 of 2024. +1 more

Court's answer

On the allegations made in the F.I.R. and the evidence collected by the I.O., no prima facie case is made out against the petitioner.

Ratio / Principle

Even considering the petitioner's criminal antecedents, the bail petition is allowed; the applicant is to be released on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned.

Key takeaways

Release is subject to conditions that the applicant shall co-operate in the investigation, inquiry and trial and not absent himself without reasonable cause, shall not threaten witnesses or tamper with evidence, and that in breach of any condition the learned trial court may cancel his bail without further reference to this Court.ratio¶21

Detailed headnote1 paragraphs

Criminal Bail Application (B.A. No. 3914 of 2024) allowed by the High Court of Jharkhand at Ranchi (Subhash Chand, J.), order dated 02.09.2024. Applicant Aman Srivastava @ Aman Shrivastava sought bail in Giddi P.S. Case No. 37 of 2020, corresponding to S.T. Case No. 56 of 2024, registered under Sections 307/385/387/120B IPC and Section 27 of the Arms Act, pending before the Addl. Sessions Judge-VII, Hazaribagh, arising out of an FIR alleging aerial firing at a CCL Argada Area work site on 25.06.2020 with recovery of three empty cartridges. The petitioner's name surfaced only in a co-accused's confessional statement and no T.I.P. was conducted; his 32 criminal antecedents were explained by supplementary affidavit (in most cases on bail, some acquittals, some bail rejections). Holding that no prima facie case was made out on the FIR and investigation material, the Court allowed bail on a personal bond of Rs. 25,000/- with two like sureties, subject to conditions of co-operation with the trial and non-tampering, with liberty to the trial court to cancel bail on breach.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 3914 of 2024

Aman Srivastava @ Aman Shrivastava, aged about 33 years, Son of Late Sushil Srivastava, Resident of village-Kubba, P.O. Kubba, P.S. Hunterganj, District-Chatra, Jharkhand

…. … Petitioner

Versus

The State of Jharkhand …. ... Opp. Party --------

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. R.S.Mazumdar, Sr. Advocate For the State : Mr. Rakesh Ranjan, A.P.P. --------

Order No. 06/ dated 02.09.2024

Heard learned Sr. counsel for the applicant and the learned A.P.P. for the State.

This bail application has been filed on behalf of the applicant- Aman Srivastava @ Aman Shrivastava with the prayer to release on bail in connection with Giddi P.S. Case No. 37 of 2020, corresponding to S.T. Case No. 56 of 2024, registered under Sections 307/385/387/120B of the Indian Penal Code and under Section 27 of the Arms Act, pending in the Court of the Addl. Sessions Judge-VII, Hazaribagh.

The F.I.R. of this case was lodged with these allegations that the informant is the owner of M/s Md. Naim Ansari and Ansari Engineering & Construction Private Limited (JO.MO) who has taken the work order of reconstruction of road from Giddi-Damodar bridge to Birsa Chowk Giddi “C” Trekker stand under CCL Argada Area and had employed one Varun Kumar Biswas as site Manager and on 25.06.2020 at 10 hours 05

minutes all of a sudden site Manager heard three round of firing and he came out of the house opened the gate and saw several person assembled there, shouting that two unknown persons came and were opening fire in the air thereafter fled away by the motorcycle. No one could identify them. Thereafter Police came there and three empty cartridges were also recovered. Hence this F.I.R. was lodged.

During investigation name of petitioner transpired in confessional statement of co-accused. Admittedly, no T.I.P. was conducted to identify the complicity of the petitioner in commission of the alleged offence. So far as the criminal antecedent of 32 cases is concerned, the same is explained on behalf of petitioner by way of supplementary affidavit. The annexure is made in regard to the criminal antecedent and stage thereof and in most of the cases petitioner is on bail and some of the cases he has been acquitted and though in some of the cases bail of the petitioner has been rejected.

In view of the allegations made in the F.I.R. and the evidence collected by the I.O. no prima facie case is made out against the petitioner.

Accordingly, even if being the criminal antecedent, the bail petition of the petitioner is allowed. Let the applicant 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 the court concerned in the

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aforesaid case with the following conditions:

i. The applicant shall co-operate in the investigation, inquiry and trial and shall not absent himself on the date fixed by the learned trial court without any reasonable cause.

ii. The applicant shall not threaten the witness or tamper any evidence and

iii. In breach of any of the condition, the learned trial court would be at liberty to cancel the bail of the applicant without any further reference to this Court.

(Subhash Chand, J.)

P.K.S

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