Sitaram Munda Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 256 of 2024

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Sitaram Munda, aged about 51 years son of – Siriya Munda residence of Vill. – Sivil P.O. – Sivil P. S. – Kurumgarh Dist. – Gumla ..… … Appellant

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..… … Appellant

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Versus

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The State of Jharkhand … … Respondent

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

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For the Appellant : Mr. Chandan Kumar, Advocate For the Respondent : Mr. Priya Shrestha, Spl.P.P.

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Order No. 04 / Dated 19^th March, 2024

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1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 31.01.2024 passed by the learned Additional Sessions Judge I-cum Special Judge , Gumla in B.P. No. 135 of 2024, by which the prayer for bail of the appellant in connection with Kurumgarh P.S. Case No. 05 of 2021, corresponding to G. R. Case No. 01 of 2024, S. T. Case No. 32 of 2024 registered under Sections 147, 148, 149, 307, 353 of IPC and under Section 27 of the Arms Act and under Sections 3/4/5 of the Explosive Substance Act and under Section 17 of the CLA Act, has been rejected.

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2. It has been contended on behalf of the appellant that the appellant has falsely been implicated in this case. It has further been stated that appellant is a farmer and not a member of MCC, a banned organization. Furthermore, no incriminating article has been recovered from his possession.

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3. It has further been submitted that the identically placed coaccused person, namely, Rabul Ansari has been directed to be released on bail by the coordinate Division Bench of this Court vide order dated 17.05.2023 passed in Criminal Appeal (DB) No. 318 of 2023.

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4. It has also been submitted that the identically placed coaccused person, namely, Md. Sajid Ansari, has been directed to be released on bail by this Court vide order dated 01.02.2024 passed in Criminal Appeal (DB) No. 39 of 2024.

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5. Further, the other accused persons, identically placed to the appellants, namely, Gulab Sai and Ajad Ansari, have also been granted bail by the learned Single Judge of this Court in exercise of power conferred under Section 439 of Cr.P.C. vide order dated 13.09.2021 passed in B.A. No. 8313 of 2021 and vide order dated 03.08.2021 passed in B.A. No. 6920 of 2021 respectively.

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6. Learned counsel for the appellant based upon the aforesaid ground has submitted that since the other accused persons, identically placed, have been granted bail, as such, the instant appeal may also be allowed.

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7. While on the other hand, learned Special Public Prosecutor appearing for the respondent-State has though opposed the prayer for bail but has not disputed the fact that the case of the appellant is identically placed to the case of the co-accused person, namely, Rabul Ansari whose name is appearing in the arrays of the accused persons at serial no. 34 while the name of the present appellant appears at serial no. 32 and the said co-accused person, namely, Rabul Ansari has been directed to be released on bail by the Division Bench of this Court vide order dated 17.05.2023 passed in Criminal Appeal (DB) No. 318 of 2023.

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8. Regard being had to the facts and circumstances of the case and taking into consideration the fact that the co-accused, namely, Rabul Ansari has been directed to be released on bail by the coordinate Division Bench of this Court vide order dated 17.05.2023 passed in Criminal Appeal (DB) No. 318 of 2023, this Court is of the view that there is no reason to take distinct view with respect to the case of the appellant.

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9. Accordingly, the order dated 31.01.2024 passed in B.P. No. 135 of 2024 in connection with Kurumgarh P.S. Case No. 05 of 2021, is hereby quashed and set aside.

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10. In view thereof, the instant appeal stands allowed.

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11. 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 Additional Sessions Judge – I – Cum Special Judge, Gumla in connection with Kurumgarh P.S. Case No. 05 of 2021, corresponding to G. R. Case No. 01 of 2024, S. T. Case No. 32 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 take appropriate course in accordance with law .

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Accordingly, the instant appeal stands disposed of.

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(Sujit Narayan Prasad, J.)

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(Arun Kumar Rai, J.)

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Umesh/

Sitaram Munda v. the State of Jharkhand

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Sitaram Munda v. the State of Jharkhand

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