Allowed

Shiv Chouhan Alias Shiv Kumar Chouhan Alias Shiv Chauhan v. the State of Jharkhand

Jharkhand HC14 Nov 2024Cr.A(DB)/1377/2024

Case brief

AI extract

What is this about?

Bail appeal under the NIA Act for an accused in Putki P.S. Case No.23 of 2024 involving rioting, assault and explosives charges; granted bail on parity with identically placed co-accused already bailed by coordinate benches.

What did the court decide?

Appellant to be released on bail on Rs.10,000 bail bond with two sureties of like amount, subject to cooperating in trial and appearing before the trial court.

Shiv Chouhan Alias Shiv Kumar Chouhan Alias Shiv Chauhan… — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No. 1377 of 2024

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Shiv Chouhan @ Shiv Kumar Chouhan @ Shiv Chauhan, aged about 31 years, son of Shankar Chouhan, Resident of Kankani 4 No., Bansjora, P.O. and P.S. – Loyabad, District- Dhanbad.

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

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-------For the Appellant : Mr. Naveen Kumar, Advocate For the State : Mrs. Priya Shrestha, Spl. PP --------

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Order No. 02 / Dated: 14^th November, 2024

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The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 08.10.2024 passed in Bail Petition No.794 of 2024 by the learned Additional Sessions Judge-VII, Dhanbad whereby and wherein prayer for regular bail of the appellant in connection with Putki P.S. Case No.23 of 2024, registered under Sections 147, 148, 149, 323, 337, 353, 307, 387 & 120B of the Indian Penal Code, Section 27 of Arms Act and Section 3/4/5 of the Explosive Substance Act has been rejected.

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It has been contended on behalf of the appellant by referring to the F.I.R. that the appellant has falsely implicated in the instant case and the other identically placed accused persons have already been directed to release on bail by the series of the order passed by this Court and coordinate bench of this Court as per the order appended as Annexure-3 series.

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While on the other hand, learned Spl. Public Prosecutor appearing for the respondent-State has vehemently opposed the prayer for bail, so far as the involvement of the present appellant is concerned but she fair enough to accept the fact that the identically placed accused persons have been directed to be released on bail appended as Annexure-3 Series.

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We have heard the learned counsel for the parties, and taking into consideration the fact that the identically accused persons have already been directed to be released on bail vide order passed by the coordinate

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Bench of this court, namely Kapil Kumar Pawn@ Kapil Paswan, Anil Kumar Singh @ Mantu Singh, in criminal Appeal (DB) No.610 of 2024, vide order dated 14.05.2024, Deepak Paswan in Cr. Appeal (DB) No.804 of 2024 vide order dated 28.08.2024, Sonu Yadav @ Sonu Gope in Cr. Appeal (DB) No.462 of 2024 vide order dated 30.04.2024, Bablu Yadav @ Bablu Kumar Yadav @ Bablu Kumar, Manish Yadav @ Manish Kumar Yadav in Cr. Appeal (DB) No.755 of 20244 vide order dated 13.06.2024, Akshay Kumar Yadav @ Akshay Yadav in Cr. Appeal (DB) No.490 of 2024 vide order dated 19.06.2024, Chandrajit Yadav @ Chandrajeet Yadav in Cr. Appeal (DB) No.580 of 2024 vide order dated 28.06.2024, Chandan Kumar Yadav @ Chandan Yadav in Cr. Appeal (DB) No.583 of 2024 vide order dated 28.06.2024, and Prem Yadav @ Prem Kumar Yadav in Cr. Appeal (DB) No.841 of 2024 vide order dated 02.09.2024, Karan Paswan @ Karan Prasad in Cr. Appeal (DB) No.1096 of 2024 vide order dated 29.08.2024, Sittu Upadhyay @ Abhishek Upadhyay in Cr. Appeal (DB) No.1248 of 2024 vide order dated 01.10.2024 and Mukesh Paswan @ Mukesh Kumar Paswan in Cr. Appeal (DB) No.1243 of 2024 vide order dated 30.09.2024 by this Court.

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Considering the aforesaid fact, this Court is of the view that it is a fit case where the impugned order needs to be allowed.

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Accordingly, the order dated 08.10.2024 passed in Bail Petition No.794 of 2024 by the learned Additional Sessions Judge-VII, Dhanbad in connection with Putki P.S. Case No.23 of 2024, is hereby quashed and set aside.

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In view thereof, the instant appeal stands allowed.

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In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dhanbad in connection with Putki P.S. Case No.23 of 2024 subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to

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2 Cr. Appeal (D.B.) No. 1377 of 2024

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take appropriate course in accordance with law.

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