Jharkhand High Court
Dilip Kumar vs The State Of Jharkhand on 5 February, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1432 of 2023
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Dilip Kumar ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellant : Mr. Krishna Murari, Advocate
For the Opp. Party : Mrs. Anuradha Sahay, A.P.P
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th
Order No. 09: Dated 5 February, 2024
1. The instant criminal appeal has been preferred on
behalf of the appellant under Section 21(4) of the National
Investigation Agency Act, 2008 for setting aside the order
dated 04.08.2023 passed in Misc. Cr. Application No. 875 of
2023 by the learned Sessions Judge, Chatra in connection
with Chatra Sadar P.S. Case No. 227 of 2017 corresponding
to G.R. (T) No. 921 of 2019, [S.T. No. 39 of 2020] registered
under Sections 25(1-b)A, 26, 35 of the Arms Act; under
Section 17(i) (ii) of the C.L.A. Act and under Section 16, 20
and 23 of the U.A.P Act, whereby and where under, the
appellant's prayer for regular bail has been rejected.
2. Learned counsel for the appellant has submitted that it
is a case where the appellant has falsely been implicated
merely on the ground that the vehicle which was recovered
said to be owned by him. It has been contended that the said
vehicle was transferred by way of affidavit in favour of one
Raju Singh on 12.07.2017. It has further been submitted that
the appellant is having no criminal antecedent and is
languishing in judicial custody since 14.07.2023. Submission
has also been made that co-accused, said to be main
accused, namely, Dilchand Ganjhu against whom serious
allegation is there has been acquitted vide judgment dated
14.07.2022.
3. Learned counsel for the appellant on the aforesaid
premise has submitted these aspects of the matter has not
been considered by learned court concerned, hence, the
instant appeal.
4. Learned A.P.P. appearing on behalf of the State of
Jharkhand, has vehemently opposed the prayer for bail
however she is fair enough to submit that reason of
implication of the appellant in the instant case is that the
vehicle was said to be used in commission of crime was found
to be in the name of appellant. Submission therefore, has
been made that the learned court taking into consideration
these aspects of the matter has denied to grant the privilege
of bail, which cannot be said to suffer from error.
5. We have heard learned counsel for the parties, gone
across the finding recorded by learned court in the impugned
order as also the finding recorded by learned court in the
impugned order and the counter affidavit filed on behalf of
respondent-State.
6. It is admitted fact herein that the appellant has been
implicated in this case on the basis of recovery of vehicle from
the possession of one Raju Singh, which has been transferred
as per the version of appellant by way of affidavit in favour of
said Raju Singh. However, we are not taking note of the
aforesaid fact since there is no plea having been taken by the
petitioner before the investigating officer but taking into
consideration the fact that accused, namely Dilchand Ganjhu
against whom serious allegation is there has been acquitted
vide judgment dated 14.07.2022 and as per the prosecution
version and case diary nothing has been surfaced against the
appellant, save and except the vehicle is in the name of the
present appellant which was recovered from the place of
occurrence. The appellant is languishing in judicial custody
14.07.2023 and having no criminal antecedent as has been
disclosed by Learned APP., therefore, this Court, is of the
view that the impugned order needs interference and the
appellant deserves to be granted the privilege of bail.
7. In view thereof, order dated 04.08.2023 passed in Misc.
Cr. Application No. 875 of 2023 is hereby quashed and set
aside and in consequence thereof, the appellant is directed to
be released on bail.
8. Accordingly, the appellant named above, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Ten Thousand only) with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge, Chatra
in connection with Chatra Sadar P.S. Case No. 227 of 2017
corresponding to G.R.(T) No. 921 of 2019, [S.T. No. 39 of
2020], subject to the conditions that the appellant will
cooperate in the trial and shall appear on each and every date
before the Trial Court, failing which, the learned Trial Court
will be at liberty to take steps in accordance with law.
(Sujit Narayan Prasad, J.)
(Pradeep Kumar Srivastava, J.)
Alankar/
