Ravi Shankar Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ravi Shankar Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Jamshedpur, subject to conditions of attendance throughout trial, non-commission of similar offences, and non-tampering with prosecution evidence/witnesses; bail cancellable and petitioner liable to custody upon breach.

Issue for consideration

Whether the petitioner, an accused in Golmuri P.S. Case No. 01 of 2024 / G.R. Case No. 324 of 2024 (Ss. 364, 307, 341, 323, 34 IPC; Ss. 25(1-B)(a), 26, 35 Arms Act), deserves to be enlarged on bail, having regard to parity with the bailed co-accused and his one prior criminal case.

Court's answer

On hearing the parties and perusing the record, the Court found it just and proper to enlarge the petitioner on bail in view of the persuasive submission of his counsel.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate at Jamshedpur, in connection with Golmuri P.S. Case No. 01 of 2024 / G.R. Case No. 324 of 2024.

Key takeaways

Bail was made subject to conditions: presence on every date till conclusion of trial, abstention from similar offences, and abstention from tampering with prosecution evidence or influencing prosecution witnesses; violation would entail cancellation of bail and custody by the Trial Court.ratio¶¶17

Detailed headnote1 paragraphs

Bail — Parity with co-accused — Jharkhand High Court (Navneet Kumar, J.) allowed B.A. No. 7487 of 2024 and enlarged petitioner Ravi Shankar Singh, accused in Golmuri P.S. Case No. 01 of 2024 / G.R. Case No. 324 of 2024 (Ss. 364, 307, 341, 323, 34 IPC; Ss. 25(1-B)(a), 26, 35 Arms Act) pending before the Judicial Magistrate, Jamshedpur. Reliance placed on co-ordinate Bench order enlarging similarly situated co-accused Ashok Kumar Singh @ Ashok Kr. Singh (B.A. No. 5439 of 2024, 26.07.2024); charge-sheet already submitted; petitioner had one prior case in which he was on bail. Bail bond Rs. 25,000/- with two like sureties; conditions of attendance, non-repetition and non-tampering; breach entails cancellation.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7487 of 2024

Ravi Shankar Singh, aged about 24 years, Son of Bishun Dev Singh, resident of Gram Nagar Gama, P.O.- Baliya, P.S.-Bhagatpur, District-Begusarai, StateBihar --- --- Petitioner

Versus

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

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Vandana Bharti, A.P.P.

04/03.09.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

Petitioner is an accused in connection with Golmuri P.S. Case No. 01 of 2024 corresponding to G.R. Case No. 324 of 2024 for the offence registered under Section 364,307,341, 323 and 34 of the IPC and section 25(1-B))a, 26 and 35 of the Arms Act, pending in the court of learned Judicial Magistrate at Jamshedpur.

It is submitted on behalf of the petitioner that the gist of allegation as narrated in the F.I.R is that petitioner along with coaccused has tried to kidnap the informant by putting him on fear of death. It is submitted that similarly situated co-accused namely Ashok Kumar Singh @ Ashok Kr. Singh has been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 5439 of 2024 dated 26.07.2024 and the case of the petitioner is on similar footing. It has been further pointed out that petitioner has one criminal history and he is on bail in that case. It has also been pointed out that charge-sheet in this case has been submitted and, therefore, possibility of tempering with the evidence is very remote. Therefore, petitioner deserves to be enlarged on bail.

On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that this petitioner is a man of criminal history and therefore, he does not deserve to be enlarged on bail. However, learned A.P.P. does not dispute the fact that similarly situated co-accused has been enlarged on bail.

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

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.

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 Judicial Magistrate at Jamshedpur in connection with Golmuri P.S. Case No. 01 of 2024 corresponding to G.R. Case No. 324 of 2024 subject to the conditions:-

Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

(Navneet Kumar, J.)

A.Mohanty

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