Shiv Pukar Kumar @ Moti Saw vs State Of Jharkhand

Deepak Roshan, J

Heard learned counsel for the parties.

The instant application has been preferred by the petitioner for grant of regular bail for the offence registered under Sections 384, 385 of the Indian Penal Code, Section 25 (1-B) a, 26 and 35 of the Arms Act and Section 17 of C.L.A. Act.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the only allegation against the petitioner along with the co-accused namely Govind Yadav and Sambu Parahiya is that they gave food items etc. to the extremist party on their instruction. He further submits that save and except one mobile phone has been recovered, no incriminating article has been recovered from the possession of this petitioner. He further submits that petitioner is having no any criminal antecedent which is evident from page 26 which is confessional statement recorded by the police. He further submits that the petitioner is in custody since 23.08.2023 and since her wife is in advance stage of pregnancy for which an interlocutory application being I.A. No. 9861 of 2023 in original bail application has also been filed as such the petitioner may be enlarged on bail.

Learned APP for the State opposed the prayer for bail of the petitioner.

Having regard to the facts of the case and the nature of allegation as alleged in the FIR coupled with the fact that he is having no criminal antecedent and also the fact that the wife of the petitioner is in advance stage of pregnancy and there is no one to look after her health; as such, I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail. The petitioner shall furnish bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Palamau at Daltonganj, in connection with Chhattarpur P.S. Case No. 160 of 2023.

It is made clear that the bail is granted to the petitioner subject to following conditions:

i) The petitioner shall report to the local police station fortnightly till commencement of trial.

ii) The petitioner shall not do any act to threaten the witnesses.

iii) He shall appear on each and every date before the learned trial court after commencement of trial.

If any of the condition is not complied, learned trial court would be at liberty to cancel the bail of the petitioner.

As a result, the instant application is allowed and pending I.A. also stands disposed of.