Allowed

Sharik Khan v. the State of Jharkhand

Jharkhand HC20 Jun 2024B.A./563/2024

Case brief

AI extract

What is this about?

Bail application by an accused in a motorcycle-looting case registered under Section 392 IPC. The court, considering the nature of allegations, materials on record and period of custody, granted bail on furnishing bail bonds with two sureties and conditions including attendance at trial and no tampering with evidence.

What did the court decide?

Petitioner released on bail on Rs.20,000 bond with two sureties of like amount, subject to trial-attendance and non-tampering conditions.

Sharik Khan Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.563 of 2024

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Sharik Khan … Petitioner Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Anupam Anand, Advocate. Mr. Pranav Kumar, Advocate. For the State : Mr. Sardhu Mahto, A.P.P.

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Order No.06/Dated- 20.06.2024

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Pratappur P.S. Case No. 68 of 2023, registered under Section 392 of the I.P.C.

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As per F.I.R., on 04.05.2023, the informant was going to Barat of his nephew to Raniganj Bihar by his motorcycle bearing registration no. JH-03Z-4614 and at 10:00 P.M., when he reached near Chokhabar, two persons overtook him by a motorcycle and by assaulting him, looted his motorcycle, Rs. 5,000/- cash, a gold nose pin and two screen touch mobile phones and fled away towards the mountain.

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Learned counsel for the petitioner has submitted that the petitioner and other co-accused Talib Khan has been named in this case only on the basis of suspicion due to some criminal antecedents. Petitioner has not been put on T.I. parade and nothing has been recovered from his possession. Other co-accused Talib Khan has been granted bail by the Co-Ordinate Bench of this Court vide order dated 24.01.2024 in B.A. No. 11774 of 2023. Petitioner is in judicial custody since 10.08.2023. Petitioner undertakes to co-operate with the trial of the case and to remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. has opposed the prayer for bail of the petitioner. Hence, the petitioner may not be enlarged on bail.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Chatra in connection with Pratappur P.S. Case No. 68 of 2023, subject to the conditions:

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(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.

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

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

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In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the Learned Trial Court.

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(Pradeep Kumar Srivastava, J.)

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Sunil/-

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Sharik Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sharik Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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