Allowed¶16

Sahil Gagrai Alias Ajay Gagrai v. the State of Jharkhand

Jharkhand HC22 Aug 2024B.A./5643/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; B.A. No.5643 of 2024; decided 22.08.2024 by Pradeep Kumar Srivastava, J.; bail application allowed; Sections 395, 397 read with Section 34 IPC; Hatgamharia P.S. Case No. 19 of 2023; SDJM Sadar Chaibasa, West Singhbhum; parity with co-accused bail in B.A. No. 1487 of 2024 (04.04.2024); custody since 16.03.2024; no recovery, no TIP, no witness examined; bail bond Rs.20,000/- with two sureties; conditions as to attendance, no similar offence, no tampering/influencing witnesses.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, subject to conditions of attendance at trial, abstention from similar offences and non-tampering with evidence/witnesses. ¶16

Sahil Gagrai Alias Ajay Gagrai Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, facing trial for offences under Sections 395, 397 read with Section 34 IPC in Hatgamharia P.S. Case No. 19 of 2023, should be enlarged on bail.

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Court's answer

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

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Ratio / Principle

The petitioner was 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 the learned Sub-Divisional Judicial Magistrate, Sadar at Chaibasa, West Singhbhum in connection with Hatgamharia P.S. Case No. 19 of 2023.

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Key takeaways

Release on bail was made subject to conditions: physical presence on each and every date till conclusion of trial, abstention from any other or similar offence, and no tampering with prosecution evidence or influencing of prosecution witnesses.ratio¶19

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 395, 397 read with Section 34 IPC arising out of Hatgamharia P.S. Case No. 19 of 2023 (robbery of informant's shop on 13.06.2023; cash of Rs.1,20,000/- and articles taken). Petitioner in judicial custody since 16.03.2024; charge-sheet filed but no witness examined; implication alleged solely on confessional statement of co-accused, with no recovery or test identification parade. Co-accused already granted regular bail on 04.04.2024 in B.A. No. 1487 of 2024 and parity admitted by the State. Held: petitioner directed to be released on bail on bond of Rs.20,000/- with two like sureties to the satisfaction of the learned SDJM, Sadar at Chaibasa, West Singhbhum, subject to conditions of attendance on every date, abstention from similar offences and non-tampering with prosecution evidence/witnesses.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.5643 of 2024

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Sahil Gagrai @ Ajay Gagrai aged about 28 years, S/o Late Samraj Munda, R/o Village Pasudi, P.O. and P.S. Pasudi District—East Singhbhum

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… Petitioner Versus 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. Arun Kumar, Adv.

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: Mr. B.R. Rochan, Adv. For the State : Mr. Fahad Allam, A.P.P.

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Order No.05/Dated- 22.08.2024

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection Hatgamharia P.S. Case No. 19 of 2023, registered for offences punishable under Section 394 of I.P.C. and later charge-sheet has been submitted and cognizance has been taken for the offences punishable under Sections 395, 397 read with Section 34 of I.P.C. Act which is pending in the Court of Learned Sub-Divisional Judicial Magistrate, Sadar at Chaibasa, West Singhbhum.

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As per F.I.R., on 13.06.2023, at about 9.15 am, informant who was present in his shop, was robbed by three persons. The accused persons took away cash of Rs.1,20,000/- mobile phone and other articles from him.

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Learned counsel for the petitioner has submitted that petitioner is innocent and he has falsely been implicated only on the basis of the confessional statement of the other co-accused person. There is no recovery and no test identification parade was conducted. Charge-sheet has been submitted but no witness has been examined as yet in this case. Other co-accused person has been granted regular bail in this case vide order dated 04.04.2024 in B.A. No. 1487 of 2024 the case of the present petitioner stands on similar footing. Petitioner is in judicial custody since 16.03.2024. Petitioner undertakes to co-

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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, however admitted that the case of the petitioner is in parity with the other co-accused person who has been granted bail by the Co-Ordinate Bench of this Court.

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Considering the facts and circumstances of this case, materials available on record and also in view of custody period 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, Sadar at Chaibasa, West Singhbhum in connection with Hatgamharia P.S. Case No. 19 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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(Pradeep Kumar Srivastava, J.)

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Amar/-

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Sahil Gagrai Alias Ajay Gagrai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sahil Gagrai Alias Ajay Gagrai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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