Kisu Gupta Alias Harsh Gupta Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6405 of 2024

Kisu Gupta @ Harsh Gupta @ Kishu Kumar, aged about 22 years, son of Raushan Prasad Gupta, Resident of Bhathi Mohalla, P.O. and P.S.- Town Daltonganj, District- Palamau --- --- Petitioner

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Versus The State of Jharkhand --- --- Opposite Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners : Mr. Hadish Ansari, Advocate For the State : Mr. V.S. Sahay, A.P.P.

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05/05.09.2024 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 Daltonganj Town P.S. Case No. 62 of 2024 for the offence registered under Section 302,120B of the IPC, pending in the court of learned Chief Judicial Magistrate, Palamau at Daltonganj.

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It is submitted on behalf of the petitioner that as per the allegation petitioner along with co-accused persons have killed the mother of the Informant. It is submitted on behalf of the petitioner that he is quite innocent in view of the fact that neither petitioner has been named in the F.I.R nor any overt act has been attributed against him in the entire F.I.R, rather, his name appeared only on the basis of confessional statement of the co-accused, as evident from para 51 and 52 of the case diary. It is further been pointed out that the main culprit, if any, are co-accused persons namely Ritesh Chandravanshi and Monty Pandey, who are alleged to have fired upon the deceased. It has further been pointed out that the coaccused persons have been enlarged on bail by a co-ordinate Bench of this Court i.e., Sadam Kuraishi @ Saddam Qurashi in B.A. No. 6232 of 2024 order dated 06.08.2024; Banti Kalia @ Wasim Ahmad in B.A. No. 6569 of 2024 order dated 09.08.2024; Suraj Kumar @ Suraj Chandrawanshi in B.A. No. 7421 of 2024 order dated 28.08.2024 and Mahtab Khan @ Mahtab in B.A. No. 7463 of 2024 order dated 28.08.2024.

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On the other hand, learned A.P.P. has opposed the contentions

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raised by the petitioner but did not controvert the fact that petitioner has neither been named in the F.I.R nor any overt act has been attributed against him and also the fact that co-accused persons have been granted bail by co-ordinate 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 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 Chief Judicial Magistrate, Palamau at Daltonganj in connection with Daltonganj Town P.S. Case No. 62 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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Kisu Gupta Alias Harsh Gupta v. the State of Jharkhand

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Kisu Gupta Alias Harsh Gupta v. the State of Jharkhand

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