Ajit Kumar vs Union of India

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 414 of the Indian Penal Code and Section 25 (1-b)a, 26, 27, 35 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The police has shown alleged recovery of one magazine from the possession of the petitioner. It is further submitted that, in fact, the petitioner runs a fair price shop situated at village Khurbir and is not a member of any prohibited extremist organization. Though, the police has shown the petitioner to be apprehended from the place of occurrence but actually the petitioner was apprehended from his village. None of the members of the police party have sustained injuries. Co- accused namely Suresh Mahto has already been granted bail by a co- ordinate Bench of this Court vide order dated 13.12.2016 in B.A. No.10347 of 2016. The petitioner is in judicial custody since 24.09.2016.

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

Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner, named above, on bail. Accordingly, the petitioner 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 learned Sub-Divisional Judicial Magistrate, Khunti in connection with Rania P.S. Case No.22 of 2016, corresponding to G.R. No.332 of 2016.