Devashish Mohanty Alias Debashish Mohanty Alias Gopal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Devashish Mohanty Alias Debashish Mohanty Alias Gopal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release on furnishing bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chaibasa, subject to conditions of submitting self-attested Aadhaar Card photocopies and keeping a furnished mobile number active throughout the pendency of the case.

Issue for consideration

Whether the applicant, in custody since 22.09.2022 and whose earlier bail prayers were twice rejected, should now be enlarged on regular bail.

Court's answer

Considering the above facts and the period of custody, the Court was inclined to enlarge the applicant on bail.

Ratio / Principle

The applicant is directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chaibasa, subject to conditions of submitting self-attested photocopies of his Aadhaar Card and furnishing a mobile number which he shall always keep active and not change without prior permission of the court during pendency of the case.

Detailed headnote1 paragraphs

Bail — Renewed regular bail application allowed. Applicant (Devashish Mohanty @ Debashish Mohanty @ Gopal), in custody since 22.09.2022 in Chaibasa Sadar P.S. Case No.50 of 2016 / G.R No.295 of 2016 (offences under Sections 419, 420, 467, 468 & 34 IPC and Section 3 of the Jharkhand Protection of Interests of Depositor Act, pending before CJM, Chaibasa), had earlier bail prayers rejected by this Court on 20.03.2023 (B.A No.13354 of 2022) and 28.08.2023 (B.A No.4179 of 2023); charge framed and a co-accused already enlarged on bail. Considering the facts and the period of custody, the High Court enlarged the applicant on bail on a personal bond of Rs.10,000/- with two sureties of like amount, conditioned on submission of self-attested Aadhaar Card copies and maintenance of an active mobile number during pendency. (Rajesh Kumar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.761 of 2024

Devashish Mohanty @ Debashish Mohanty @ Gopal

…. …. Petitioner(s)/Applicant(s)

Versus

The State of Jharkhand …. …. Opposite Party

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

---For the Petitioner(s)/Applicant(s) : Mr. Asif Khan, Adv. For the State : Mr. Shree Prakash Jha, A.P.P. ----

03/Dated: 10^th May, 2024

1. Heard learned counsel for the applicant and learned counsel for the State.

2. The applicant who is in custody since 22.09.2022, has renewed his prayer for grant of regular bail in connection with Chaibasa Sadar P.S. Case No.50 of 2016, corresponding to G.R No.295 of 2016, registered for the offence under Sections 419, 420, 467, 468 & 34 of the Indian Penal Code and Section 3 of the Jharkhand Protection of Interests of Depositor Act, pending in the court of learned Chief Judicial Magistrate, Chaibasa.

3. The prayer for bail of the applicant was earlier rejected by this Court vide orders dated 20.03.2023 & 28.08.2023 passed in B.A No.13354 of 2022 & B.A No.4179 of 2023 respectively.

4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.

5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that charge has already been framed and one of the co-accused has already been enlarged on bail. On the above basis, prayer for bail has been renewed.

6. Learned counsel for the State has opposed the prayer for bail.

7. Considering the above facts and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chaibasa in connection with Chaibasa Sadar P.S. Case No.50 of 2016, corresponding to G.R No.295 of 2016, subject to condition that the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.)

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