Anand Kumar vs The State of Jharkhand

Bail application has been filed on behalf of petitioner namely Raja Ravi Shekhar @ Kai @ Ravi Shekhar who is in custody in connection with Bistupur P.S. Case No. 228 of 2015, corresponding to G.R.Case no. 2415 of 2015 for the offence registered U/Ss. 302,120B,34 I.P.C . and Section 27 of Arms Act.

Heard learned counsel for the petitioner as well as learned counsel for the State.

Learned counsel for the petitioner has produced the certified copy of the deposition of Chandra Shekhar Verma and submitted that it is apparent from paragraph no. 14 of his deposition that the police had pointed out this petitioner so the TIP in which this petitioner was subsequently identified, cannot be relied upon. He has further produced the copy of bail order of co-accused Abhishek Kumar wherein it has been stated that the main conspirator was Upendra Singh and the statement of co- accused Raghvendra Kumar recorded u/s 164 Cr.P.C . is exculpatory in nature as it would appear from paragraph no. 205 of the case diary that the allegation is general and omnibus in nature. He has further submitted that co-accused namely Upendra Singh has also been granted bail vide order dated 28.1.2016 passed in B.A. No. 10476 of 2015 and other co-accused persons namely Pankaj Kumar Sharma, Avinash Kumar, Nitesh Tiwary @ Nitish Kumar Tiwary, Manoj Singh @ Manoj Kumar Singh, Gango Sah @ Gangadhar Sah and Baleshwar Sah have also been granted bail and hence, the petitioner may be released on bail. Petitioner is in custody since 31.8.2015.

Learned A.P.P. has opposed the prayer for bail but has not denied the cited bail orders.

Having heard counsel for both sides and looking to the facts and circumstances of the case and also considering the period of detention, I am inclined to enlarge the above named petitioner on bail, on furnishing bail bond of Rs. 20,000/-(Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Singhbhum at Jamshedpur in connection with Bistupur P.S. Case No. 228 of 2015, corresponding to G.R.Case no. 2415 of 2015 with condition that the petitioner will attend each and every date fixed, unless it is dispensed of by the learned court below and he will not, in any way, intimidate or harass the informant''s family members.