Kaleshwar Yadav @ Kailash Yadav vs The State Of Jharkhand ... Opp. Party(S)
2023 Latest Caselaw 4556 Jhar

Jharkhand High Court

Kaleshwar Yadav @ Kailash Yadav vs The State Of Jharkhand ... Opp. Party(S) on 15 December, 2023

Author: Ananda Sen

Bench: Ananda Sen

                              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                            B.A. No. 9222 of 2023
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                     Kaleshwar Yadav @ Kailash Yadav              .... Petitioner(s).
                                                      Versus
                     The State of Jharkhand                        ... Opp. Party(s).
                                                      ------
                       CORAM        :     SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Rahul Ranjan, Advocate.

             For the State              : Mrs. Mohua Palit, A.P.P.
                                              .........

9/15.12.2023:               The petitioner is praying for grant of bail as he is in custody for

allegedly committing offence punishable under Sections 385, 386, 387, 504, 506 of the Indian Penal Code.

The petitioner had earlier filed an application under Section 482 Cr.P.C being Cr.M.P. No. 2134 of 2019, in which, Co-ordinate Bench of this Court had granted protection to the petitioner from being arrest. Inspite of the aforesaid protection, the petitioner has been arrested.

On last date, this Court directed the A.P.P to furnish the information as to why, the petitioner was arrested when there was an interim order not to take coercive steps against the petitioner. Today, learned A.P.P submits that in view of the judgment passed in Asian Re-surfacing of Road Agency Pvt. Ltd. And Another Vs. CBI, reported in (2018) 16 SCC 299, since six months had already lapsed, fresh warrant of arrest has been issued and the petitioner was arrested.

Be that as it may, since other co-accused have been granted bail and chargesheet has already been submitted in this case and there was interim order in favour of the petitioner and recently the Hon'ble Supreme Court has doubted the judgment passed in Asian Re-surfacing of Road Agency Pvt. Ltd. And Another Vs. CBI, reported in (2018) 16 SCC 299, I am inclined to grant bail to the petitioner. Accordingly, the petitioner, named above, 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 the learned C.J.M., Chatra, in connection with Tandwa P.S. Case No. 41 of 2018, corresponding to G.R. No. 415 of 2018.

       Anu/-C.P.-3                                                         (ANANDA SEN, J.)