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Seval Mistri Alias Seval Sharma v. the State of Jharkhand

Jharkhand HC13 Sept 2024A.B.A./5877/2024

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail for offences under IPC sections 147, 332, 353, 323, and 504. The Court noted that similarly situated co-accused had previously been granted bail. The petitioner was granted anticipatory bail subject to furnishing a bail bond and complying with conditions under the BNSS.

What did the court decide?

Petitioner enlarged on anticipatory bail for three weeks upon furnishing bail bond of Rs. 20,000/- with two sureties.

Seval Mistri Alias Seval Sharma Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5877 of 2024

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Seval Mistri @ Seval Sharma, S/o Late Jageshwar Mistri, R/o VillageTarwadih, PO-Nawagarh, PS-Latehar, District-Latehar

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… … Petitioner Versus The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioner : Mr. Rakesh Kumar, Advocate For the State : Mr. Nawin Kumar Singh, A.P.P -----

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03/13.09.2024 The petitioner is apprehending his arrest for the offence punishable under Sections 147/332/353/323/504 of the Indian Penal Code.

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2. Learned counsel for the petitioner submits that the petitioner had earlier preferred anticipatory bail application being A.B.A No. 4690 of 2024 in connection with Latehar P.S. Case No. 64 of 2024 i.e., the present one. The said anticipatory bail application was, however, dismissed as withdrawn by a co-ordinate Bench of this Court vide order dated 16.08.2024 with liberty to the petitioner to file a fresh one with better particulars. Under the said circumstance, the petitioner has preferred the present anticipatory bail application.

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3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged. As per the allegation, the petitioner along with 60-70 unknown persons being the members of the procession of ‘Ramnavmi’ by defying the order of the administration, were adamant to take the procession towards a mosque. On being resisted by the police party, they abused and assaulted them due to which some of the constables sustained injuries. The petitioner has not been named in the F.I.R. He along with several others have been

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implicated in this case merely on suspicion and the hearsay statements of the local people. The petitioner is not involved in the said occurrence. Even if the contents of the written report of the informant are taken to be true, none of the constables has sustained serious injury. Moreover, similarly situated co-accused persons namely, Bhondu Saw @ Bhanu Saw, Gautam Kumar @ Goutam Ram, Chandan Kumar @ Chandan Gupta and Upendra Gupta @ Upendra Prasad @ Mantu Saw have already been granted anticipatory bail by this Court vide order dated 24.07.2024 passed in A.B.A No. 4270 of 2024. The petitioner has no criminal antecedent as has been stated in paragraph no. 14 of the present application. He undertakes to co-operate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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4. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

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5. Having heard learned counsel for the parties and considering that similarly situated co-accused persons have already been granted anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner above named, in the event of his arrest/surrender within three weeks from today, shall 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 Chief Judicial Magistrate, Latehar, in connection with Latehar P.S. Case No. 64/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rajesh Shankar, J.)

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Manish

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2 A.B.A. No. 5877 of 2024

Seval Mistri Alias Seval Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Seval Mistri Alias Seval Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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