Allowed

Upendra Kumar v. the State of Jharkhand

Jharkhand HC5 Sept 2024B.A./4114/2024

Case brief

AI extract

What is this about?

In a bail application, the High Court allowed the petitioner to be enlarged on bail despite the nature of the charges, considering the petitioner's jail time since December 2023 and the hostile deposition of the informant, subject to specific conditions and a bail bond.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing a bail bond of Rs. 25,000 with two sureties of like amount.

Upendra Kumar Vs the State of Jharkhand — Property and Title | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4114 of 2024

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Upendra Kumar @ Upendra Sao ... … Petitioner Versus

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The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Ms. Kumari Rashmi, A.P.P. --------

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Order No. 09 / Dated 5^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Kuru P.S. Case No. 55 of 2022, corresponding to G.R. No. 79 of 2024, dated 02.05.2022, for the offence registered under Sections 365, 344, 364-A, 368/34 of the Indian Penal Code and the case is pending before the Court of learned Judicial Magistrate, 1^st Class, Lohardaga.

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It is submitted on behalf of the petitioner that as per the allegation unfolded in the F.I.R. is that the petitioner alongwith the co-accused person Naresh Sahu had kidnapped the husband of the informant.

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It is further submitted on behalf of the petitioner that the petitioner is in jail since 15.12.2023 and the trial of the case has commenced and the informant of this case has been examined as P.W.-1, Mumtaz Akhtari and she has totally falsified the case of the prosecution and stated that her husband had voluntarily gone to the house of the co-accused Naresh Sahu from whom he had borrowed some money and the said witness i.e. P.W.-1, did not whisper anything about the involvement of this petitioner in the commission of the offence.

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The copy of the deposition of P.W.-1 has been filed before this Court by way of a supplementary affidavit which is available on record and therefore, it is prayed that let this petitioner be enlarged on bail.

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Learned counsel for the petitioner has further submitted that earlier there was one case against this petitioner but he has been acquitted in that case and the copy of judgement of acquittal has been brought on record by way of Annexure-2.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that in the statement of the victim and the informant recorded under Section 161 of the Cr.P.C. during the course of investigation has supported the case of prosecution and therefore, he does not deserve to be enlarged on bail although he did not controvert the fact that P.W.-1 who was the informant of this case has been declared hostile and she has not supported the case of the prosecution. 8. Having heard the parties, perused the records of this case.

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In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioner hereinabove is directed to be enlarged 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 of learned Judicial Magistrate, 1^st Class, Lohardaga, in connection with Kuru P.S. Case No. 55 of 2022, corresponding to G.R. No. 79 of 2024, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

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D.S.

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(Navneet Kumar, J.)

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2 B.A. No.4114 of 2024

Upendra Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Upendra Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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