Allowed

Dharamendra Mistry Alias Dharmendra Kumar Sharma v. the State of Jharkhand

Jharkhand HC2 Sept 2024Cr.A(DB)/482/2024

Case brief

AI extract

What is this about?

Appeal under Section 21(4) NIA Act against rejection of regular bail in an extremist case under IPC, Explosive Substances Act and CLA Act provisions. Court found the appellant identically placed to co-accused already granted bail and allowed the appeal, directing release on bail with conditions.

What did the court decide?

Appellant released on bail on Rs.10,000 bond with two like sureties, one being a close relative per affidavit, subject to appearing at every trial date.

Dharamendra Mistry Alias Dharmendra Kumar Sharma Vs the… — Narcotics (NDPS) | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (DB) No. 482 of 2024

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Dharmendra Mistry Alias Dharmendra Kumar Sharma Alias Dharmendra Mistri , aged 29 years, Son of Biru Mistry Alais Birendra Sharma, resident of Village Charkakhurd, P.O. Narayanpur & P.S – Pratappur, District – Chatra.

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For the Appellant: Mr. Anupam Anand, Advocate Mr. Pranav Kumar, Advocate For the State: Mr. Subodh Kumar Dubey, A.P.P. ---------

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06/Dated: 02.09.2024 Per Sujit Narayan Prasad, A.C.J.

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1) This appeal filed under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated 20.03.2024 passed by the learned Additional Sessions Judge-II, Chatra, in B.P. No. 187 of 2024, whereby and whereunder the prayer for regular bail of the appellant in connection with Pratappur P.S. Case No. 45 of 2019, for the alleged offences registered under Sections 120-B, 121 of the Indian Penal Code, 3, 4 & 5 of the Explosive Substances Act, 1908, and 17(i) & (ii) of the C.L.A. Act, 1908 has been rejected.

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2) Mr. Anupam Anand, learned counsel appearing for the appellant, has contended that the appellant has been made accused in the instant case only on the basis of secret information and save and except the suspicion that the appellant is a member of MCC extremist, there is no incriminating on record against the appellant. It has been further contended that other coaccused, namely, Kamelsh Yadav, has been granted bail by the Coordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Appeal (DB) No. 1032 of 2023 (Annexure 2) and the case of the appellant is identically placed.

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3) Mr. Subodh Kumar Dubey, learned Addl. Public Prosecutor appearing for the State, has vehemently opposed the prayer for bail of the appellant, but after going through the allegations made in the First

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Information Report, he is not in a position to dispute the fact that the case of the appellant is identically placed to that of the co-accused person Kamlesh Yadav who has been granted bail by the Coordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Appeal (DB) No. 1032 of 2023.

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4) We have also examined the aforesaid facts so as to come to the conclusion that the case of the appellant is identically placed to that of the co-accused persons who have been granted bail by this Coordinate Bench of this Court. This Court after going through the First Information Report also finds that the allegation against the present appellant is identically placed to that of the co-accused person Kamelsh Yadav who has been granted bail by the Coordinate Bench of this Court.

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5) Considering the aforesaid facts, the instant appeal is allowed and the appellant, namely, Dharmendra Mistry Alias Dharmendra Kumar Sharma Alias Dharmendra Mistri, 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 Smt. Sonali Singh, learned Sub. Divisional Judicial Magistrate, Chatra, in connection with Pratappur P.S. Case No. 45 of 2019, subject to the conditions that the appellant shall cooperate in the trial and shall appear on each & every date before the learned Trial Court, failing which the learned Trial Court shall be at liberty to take appropriate course in accordance with law and; further subject to the condition that one of the bailers should be a close relative of the appellant, which has to be accompanied by an affidavit justifying that such bailor is close relative of the appellant.

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6) The instant appeal stands allowed and disposed of accordingly.

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(Sujit Narayan Prasad, A.C.J.)

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(Arun Kumar Rai, J.)

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Manoj/Uploaded Cp.3

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Dharamendra Mistry Alias Dharmendra Kumar Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dharamendra Mistry Alias Dharmendra Kumar Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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