COURT OF JHARKHAND AT RANCHI A.B.A. No. 5880…
Anticipatory bail on furnishing Rs. 20,000 bond with two like sureties to CJM, Latehar, subject to Section 482(2) BNSS conditions
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5880 of 2024
Sanjay Prasad @ Sanjay Saw, S/o Binod Saw, R/o Village-Tarwadih, PO-Nawagarh, PS-Latehar, District-Latehar … 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. Rakesh Ranjan, A.P.P -----
03/13.09.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/332/353/323/504 of the Indian Penal Code.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present 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 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 cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.
3. Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.
4. 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.
(Rajesh Shankar, J.)
Manish
2
A.B.A. No. 5880 of 2024
1 issue framed by the court
Whether a co-accused parity claim justified anticipatory bail for offences of assaulting police during a Ramnavmi procession?
2 provisions across 2 enactments
Sanjay Prasad @ Sanjay Saw
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court