Allowed

Shankar Gope v. the State of Jharkhand

Jharkhand HC6 Aug 2024B.A./6117/2024

Case brief

AI extract

What is this about?

Accused in Arms Act and CLA Act case sought bail on parity with an enlarged co-accused. The court noted custody since arrest and submission of charge-sheet and enlarged the petitioner on furnishing a bail bond with two sureties, subject to cooperation in trial.

What did the court decide?

Petitioner released on bail on Rs.25,000 bond with two like sureties to SDJM Khunti, subject to cooperation in trial and presence on all dates.

Shankar Gope Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6117 of 2024

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Shankar Gope, aged about 25 years, son of Late Chinu Gope, Resident of Village- Balo Mahratoli, P.O. & P.S. Murhu, District- Khunti

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--- --- Petitioner

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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. Ritesh Kumar, Advocate For the State : Mrs. Mahua Palit, A.P.P.

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04/06.08.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

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Petitioner is an accused in connection with Murhu P.S. Case No. 28 of 2024 dated 04.04.2024 for the offence registered under Section 25(1-b) a/26/35 of the Arms Act and under Section 17 of the CLA Act, pending in the court of learned Sub-Divisional Judicial Magistrate, Khunti.

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It is submitted on behalf of the petitioner that the gist of the allegations as per the F.I.R is that petitioner being the member of banned extremist organization PLFI has been caught red handed along with co-accused persons and from possession of this petitioner one country made pistol, several cartridge, one mobile phone and Rs. 15,700/- were recovered. It is submitted that similarly situated co-accused namely Sunil Nayak @ Sunil Naik from whose possession also one country made pistol and live cartridges were recovered, has been enlarged on bail by co-ordinate Bench of this Court in B.A. No. 5291 of 2024 vide order dated 03.07.2024 and the case of this petitioner stands on similar footing. Therefore, petitioner deserves to be enlarged on bail. Further, it has been submitted that petitioner is in custody since 04.04.2024 and charge-sheet in this case has been submitted and therefore, possibility of tempering with the evidence is very remote.

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On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner but did not controvert the fact that similarly

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situated co-accused person has been enlarged on bail by a coordinate Bench of this Court.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned

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counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Learned Sub-Divisional Judicial Magistrate, Khunti in connection with Murhu P.S. Case No. 28 of 2024, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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A.Mohanty

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Shankar Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shankar Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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