Md. Shoaib Akhtar Alias Md. S. Akhtar Alias Md. Soaib Akhtar Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Md. Shoaib Akhtar Alias Md. S. Akhtar Alias Md. Soaib Akhtar Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XI, Dhanbad, subject to conditions of physical appearance on each and every trial date till conclusion (unless dispensed with for sufficient cause) and abstention from tampering with prosecution evidence or influencing/gaining over witnesses.

Issue for consideration

Whether the petitioner, accused under S. 306 IPC in Bankmore (Bhuli O.P.) P.S. Case No. 40 of 2024 (S.T. Case No.575 of 2024), should be enlarged on bail, given his custody since 22.02.2024, framing of charge on 26.11.2024 with no witness yet examined, and the trial court's stated one-year timeline to conclude trial.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation against the petitioner, the materials available on record and the period of custody, the Court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Addl. Sessions Judge-XI, Dhanbad, in connection with Bankmore (Bhuli O.P.) P.S. Case No. 40 of 2024 (S.T. Case No.575 of 2024).

Key takeaways

Bail was conditioned on the petitioner appearing physically on each and every date during the trial till its conclusion, unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court.ratio¶15
A further condition was imposed that the petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.ratio¶15

Detailed headnote1 paragraphs

Bail — S. 306 IPC — Bankmore (Bhuli O.P.) P.S. Case No. 40 of 2024 (S.T. Case No.575 of 2024) — earlier bail rejected 09.07.2024 in B.A. No.5407 of 2024; charge framed 26.11.2024; four charge-sheeted witnesses, none examined; trial court sought one year to conclude trial; petitioner in judicial custody since 22.02.2024 — bail granted: bond of Rs.25,000/- with two like sureties before Addl. Sessions Judge-XI, Dhanbad, on conditions of physical appearance on each trial date till conclusion and no tampering with prosecution evidence or influencing/gaining over witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.11001 of 2024

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Md. Shoaib Akhtar @ Md. S Akhtar @ Md. Soaib Akhtar, aged about 19 years, S/o Akhtar Quraishi @ Md. Akhtar Quraishi, R/o Vill. Madina Nagar, Madarsa Ke Pichhe Wassepur, P.O. & P.S. Bankmore, Dist. Dhanbad .... .... …. Petitioner

Versus

The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Shailesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P

Order No.06 Dated- 14.02.2025

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Bankmore (Bhuli O.P.) P.S. Case No. 40 of 2024 (S.T. Case No.575 of 2024) registered under sections 306 of Indian Penal Code.

Learned counsel for the petitioner has submitted that earlier the prayer for bail of the petitioner has been rejected by this Court vide order dated 09.07.2024 passed in B.A. No.5407 of 2024. Now, charge has been framed against the petitioner on 26.11.2024 and there are four charge-sheeted witnesses in number, but not a single witness has been examined in this case as yet. Learned trial court has unreasonably sought for one year’s time to conclude trial. In such circumstances, no more incarceration of the petitioner is justified. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 22.02.2024 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner 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 Addl. Sessions Judge-XI, Dhanbad in connection with Bankmore (Bhuli O.P.) P.S. Case No. 40 of 2024 (S.T. Case No.575 of 2024) with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(Pradeep Kumar Srivastava, J.)

Pappu/