Rohan Kaushik Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7254 of 2024

Rohan Kaushik, aged about 36 years, son of Suresh Kaushik, Resident of Siddharth Enclave, PO & PS Sunlight Colony, District New Delhi.

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..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Naveen Kumar, Advocate For the State : Mr. Shree Prakash Jha, APP

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03/11.09.2024 Heard the learned senior counsel for the applicant and learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant– Rohan Kaushik with prayer to release on bail in connection with Chirkunda P.S. Case No. 166 of 2024 registered under sections 25(1-B)(a), 26 & 35 of Arms Act, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

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As per allegations made in FIR, one country made pistol and two live cartridges are alleged to have been recovered from the car in which petitioner alongwith two associates was also boarding and the very car does not belong to the petitioner. The petitioner has been languishing in jail since 12.07.2024 having no criminal antecedent.

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So far as the submission of the learned APP for the State in regard to the criminal antecedent of one case is concerned since no prima facie case is made out against the petitioner, the criminal antecedent has no bearing. The criminal antecedent is one of the factors to deny bail; but same is not the sole ground for denial of bail.

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In view of the above, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.

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(Subhash Chand, J.)

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RKM

Rohan Kaushik v. the State of Jharkhand

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Rohan Kaushik v. the State of Jharkhand

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