Allowed

Sittu Upadhyay Alias Abhishek Upadhyay v. the State of Jharkhand

Jharkhand HC1 Oct 2024Cr.A(DB)/1248/2024

Case brief

AI extract

What is this about?

The Division Bench held that the appellant is identically placed with co-accused previously granted bail. The High Court quashed the bail rejection order and directed the appellant's release on bail with sureties.

What did the court decide?

The impugned rejection order is quashed; appellant directed to be released on bail on furnishing bond of Rs.25,000 with two sureties.

Sittu Upadhyay Alias Abhishek Upadhyay Vs the State of… — Bail and Remand | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No.1248 of 2024

¶2

Sittu Upadhyay @ Abhishek Upadhyay, aged about 26 years, s/o Shiv Dutt Upadhyay, r/o Gopalichak No.2, P.O. Kusunda, P.S. Putki, District- Dhanbad (Jharkhand) ..... Appellant

¶3

Versus

¶4

The State of Jharkhand …. Respondent

¶5

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR

¶6

For the Appellant : Mr. Anurag Kashyap, Advocate For the State : Mrs. Nehala Sharmin, Special PP

¶7

-----

¶8

Order No.2: Dated 1^st October 2024

¶9

This appeal is directed against the order dated 05.09.2024 Passed in B.P. No.667 of 2024 by Additional Sessions Judge-VII, Dhanbad, in connection with Putki P.S. Case No.23 of 2024, registered under Sections 147, 148, 149, 323, 337, 353, 307, 387 and 120-B of Indian Penal Code, under Section 27 of Arms Act and under Sections 3/4/5 of Explosive Substance Act, whereby and whereunder, the prayer for bail of the appellant has been rejected.

¶10

Mr. Anurag Kashyap, learned counsel appearing for the appellant has submitted that the identically placed co-accused persons namely Chandrajit Yadav @ Chandrajeet Yadav by order dated 28^th June 2024 in Cr. Appeal (DB) No.580 of 2024, Bablu Yadav @ Bablu Kumar Yadav @ Bablu Kumar and Manish Yadav @ Manish Kumar Yadav by order dated 13.06.2024 in Cr. Appeal (DB) No.755 of 2024, Akshay Kumar Yadav @ Akshay Yadav by order dated 19.06.2024 in Cr. Appeal (DB) No.490 of 2024, Kapil Kumar Pawan @ Kapil Paswan and Anil Kumar Singh @ Mantu Singh by order dated 14.05.2024 in Cr. Appeal (DB) No.610 of 2024 and Sonu Yadav @ Sonu Gope by order dated 30.04.2024 in Cr. Appeal (DB) No.462 of 2024 have been directed to be released on bail by the coordinate Bench of this Court.

¶11

1 Criminal Appeal (DB) No.1248 of 2024

¶12

Mrs. Nehala Sharmin, learned Special Public Prosecutor appearing for the State has vehemently opposed the prayer for bail, but did not dispute the aforesaid facts after going through the orders granting bail to the co-accused persons by the coordinate Bench of this Court.

¶13

Having heard learned counsel for the parties, gone across the FIR and the order impugned and also the orders granting bail to the aforesaid co-accused persons, the present appellant is found to be identically placed with the coaccused persons as aforesaid, this Court is of the view that this appellant above named also deserves to be enlarged on bail.

¶14

Accordingly, the dated 05.09.2024 Passed in B.P. No.667 of 2024 by Additional Sessions Judge-VII, Dhanbad, in connection with Putki P.S. Case No.23 of 2024 is hereby quashed and set-aside.

¶15

In consequence thereof, the appellant, named above, is directed to be released on bail on furnishing 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, Dhanbad, in connection with Putki P.S. Case No.23 of 2024, with the condition that the appellant shall appear before the learned court below as and when required by them, failing which appropriate order shall be passed by the learned court in accordance with law.

¶16

This appeal is accordingly allowed and disposed of.

¶17

(Sujit Narayan Prasad, J.)

¶18

(Navneet Kumar, J.)

¶19

R.Kumar

¶20

2 Criminal Appeal (DB) No.1248 of 2024

Sittu Upadhyay Alias Abhishek Upadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sittu Upadhyay Alias Abhishek Upadhyay v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Union Public Service Commissio Vs Shri Pankaj Kumar Mishra And Ors.

Nand Kishore Prasad Sinha Vs Personnel And Adminis Reform

Atish Ram Vs the State of Jharkhand

Tinku Singh Vs the State of Jharkhand

Santosh Oraon Vs State of Jharkhand

Prakash Mandal Vs the Union of India through the Secretary Cum D G Deptt of Posts