Jharkhand High Court

Akash Sao vs The State Of Jharkhand on 19 February, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

                             -1-



  IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (DB) No. 1749 of 2023
                              ----

Akash Sao, Age-25 years, Son of Niranjan Sao ... ... Appellant Versus The State of Jharkhand ... ... Respondent

-------

CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

------

For the Appellant : Mr. Hemant Kr. Shikarwar, Advocate For the Respondent : Mr. Sanjay Kr. Srivastava, APP

--------

th Order No. 06 : Dated 19 February, 2024 Per Sujit Narayan Prasad, J:

1. The instant appeal, preferred under section 21(4) of

the National Investigation Agency Act, 2008, is directed

against the order dated 14.09.2023 passed by the learned

A.J.C.-XVIII-cum-Special Judge, A.T.S., Ranchi in

Anticipatory Bail Petition No.2248 of 2023, whereby and

whereunder, the prayer for pre-arrest bail of the appellant,

in connection with A.T.S. Case No.07 of 2023, registered for

the offence under Sections 353, 332, 333, 307, 120B of the

IPC, Section 27 of the Arms Act and Section 16, 17 & 20 of

the U.A.(P) Act, has been rejected.

2. The brief facts of the prosecution case, on the basis of

statement of Inspector Law Kumar Singh dated 17.07.2023

alleging therein that for the last few months accused Aman

Sao @ Aman Sahu gang in a planned manner was operating

gang from jail and through his gang members is indulged in

extortion. On 17.07.2023 at about 21.30 hrs. the S.P.,

A.T.S. received confidential information that Aman Sao from

the jail conspired with his other associates Akash Rai @

Monu, Hari Tiwari @ Dhirendra Tiwari, Booj Saw @

Sidharth Sao, Mayank Singh and other active members of

the gang are collecting ransom from contractors

businessman, coal transporters, coal extracting companies,

truck owner association on the threat of life.

3. The extortion money received by them was used for

purchasing AK-47 and other sophisticated fire arms, large

number of pistol, Carbine revolver, cartridges, explosives all

purchased and those weapons and explosives are used to

damage the Central Government and State Government

institution, N.T.P.C., L&T, CCL which are working for the

development of the country was obstructed. Accused Aman

Sao is associated with T.P.C. and PLFI band organization of

Jharkhand. The extortion/levy recovered is being used in

country as well as outside the country by his associate of

Narayan Thapa of Nepal through Hawala and by using the

said extortion sophisticated international standard weapons

and explosive substance were purchased. Aman Sao

through his associates, stopped the development work of

the state government and central government. The railway

and road construction work and coal extraction work

disturbed. Aman Sao is accused of about 90 cases of

serious nature in Jharkhand and other states, at present

Amao Sao from jail, is operating the gang and due to his

fear, the businessman, coal transport officials all are under

fear and many of them after giving the extortion money

does not report to the police. Many shooter of Aman Sao

gang namely Chandan Sahu who is accused of Barkagaon

P.S. Case No.261 of 2023 in which the official of Ritwik

Company was murdered. He is also an accused of Argora

P.S. Case No.261 of 2023 information was received that he

along with his associate wherein the house of Champa Devi

Wife of Jodhan Munda in village Dardag under Ormanjhi

P.S.

4. The said information was registered in station diary

entry and for ascertaining the same and taking the action

one team was constituted by A.T.S. under Sri Niraj Kumar,

Dy.S.P. several other police personnel which the members

of the team including the informant at about 11.45 team

left and apprehended Chandan Sao and one Sonu Kumar

arrested with fire arm and forged aadhar card. On

interrogation Chandan Sao accepted that he made firing

upon Ranjeet Gupta in Argora along with his associate

Waris Ansari @ Musa. He informed that he has kept the

used fire arm with Hidayat Ansari and Bobby Sao @

Sidhrath Sao. He also said that he can get the said fire

arms and motorcycle used recovered. The informant

informed the senior officials and under the leadership of

Dy.S.P. Niraj Kumar, Chandan Sao and Sonu Kumar was

taken with them towards Ramgarh. Near Banjari Devi

Temple one Waris Ansari @ Musa was apprehended along

with fire arms, motorcycle and cartridges.

5. On interrogation, Chandan Sao informed that under

command of his boss Aman Sao, Mayank Singh @ Sunil

Kumar Meena, Hari Tiwari, Yogeshwar Mahto, Waris Ansari

he along with his other associates where to conduct

meeting in village Rochap Terpa in which his other gang

member Digambar Prajapati, Akash Sao, Rajan Sao, Bobby

Sao, Raja Ansari, Ravi Munda and other members were to

meet and commit one big incident at Ramgarh. He arrested

accused Waris Ansari, Sonu Kumar along with fire arm

(Pistol), (Revolver/Cartridges), Motorcycle and other articles.

6. The team members took them to Dhurwa A.T.S. for

registration of formal F.I.R. thereafter along with Chandan

São the team proceeded for arrest and recovery of fire arms

under the leadership of Dy.S.P. Niraj Kumar on the pointing

out of Chandan Sao, Bobby Sao @ Sidharth Sao who was

having fire arms and motorcycle used in the occurrence.

They reached near village Terpa, when they came to Daridih

Mahuwa More at about 20.10 hrs. They asked from the

local person taking Hariya, informed that they are who is

sitting on motorcycle. Wearing a cap was Siddharth Sao @

Bobby Sao and one another person standing there was

Rajan Sao. When the Dy.S.P. along with S.I. Sonu Kumar

Sahu proceeded towards them all of a sudden they started

firing upon the police party with intention to kill in which

Dy. S.P. Niraj Kumar and S.I. Sonu Kumar Sahu sustained

fire arms injury even they sustained fire arms injury, then

Dy.S.P shouted that they are police personnel and they

were having direction to arrest. They ordered to arrest the

accused person but taking the advantage of forest and

darkness the accused persons managed to flee away. The

injured police personal were taken to hospital and from the

place of occurrence automatic 9MM pistol, cartridges was

recovered and the damage mobile phone of Realme

Company of S.I. Sonu Kumar Sahu was recovered. One pair

of sleepers of the accused person and key of the motorcycle

was recovered and seizure list was prepared, FIR was

lodged against all together 12 accused persons.

7. On the basis of aforesaid FIR was registered against

the accused Akash Sao for the offence under Sections 353,

332, 333, 307, 120B of the IPC, Section 27 of the Arms Act

and Section 16, 17 & 20 of the U.A.(P) Act.

8. Consequently, the above-named appellant had

preferred anticipatory bail but the same has been rejected

vide order dated 14.09.2023 passed by the learned A.J.C.-

XVIII-cum-Spl. Judge, ATS, Ranchi, against which the

present appeal has been preferred.

9. It has been contended on behalf of the appellant that

there is no specific allegation of commission of an offence as

would be evident from the first information report and

hence, it is a fit case for grant of pre-arrest bail.

While, on the other hand, learned A.P.P. appearing for the

respondent-State has vehemently opposed the prayer for

anticipatory bail of the appellant by referring to the

allegation as available in the impugned order, based upon

the reference made in the case diary, which is on the basis

of the statement of one co-accused, namely, Chandan Sao.

10. Learned A.P.P for the respondent-State has further

submitted that the specific allegation against the appellant

is that he is the close associate of Aman Sao Gang, a

banned gang in the State of Jharkhand and was found to

be in the Civil Court, Hazaribagh, the day when the said

Aman Sao was to appear that was for the purpose of

making conspiracy for commission of offence.

11. The aforesaid fact has been disclosed by the co-

accused, namely, Chandan Sao and as such, taking into

consideration the nature of allegation as made in the first

information report and further, the petitioner is named in

the FIR, therefore, it is not a fit case where the benefit of

pre-arrest bail needs to be granted.

12. The further contention has been made that the prayer

for regular bail of one of the co-accused, namely, Hari

Tiwari @ Dhirendra Tiwari @ Hariom has been rejected vide

order dated 22.12.2023 passed in Cr. Appeal (DB) No.1084

of 2023, therefore, it is not a fit case where the interference

is to be shown with the impugned order.

13. We have heard learned counsel for the parties, and

perused the finding recorded by the learned court while

rejecting the prayer for anticipatory bail as also gone

through the case diary.

14. This Court, before proceeding to examine as to

whether the appellant has been able to make out a prima

facie case for enlarging him on bail, deems it fit and proper

to discuss some settled proposition of law which is required

to be considered herein.

15. The law is well settled so far as the pre-arrest bail is

concerned, as has been held by the Hon'ble Apex Court in

the case of Siddharam Satlinappa Mhetre vs. state of

Maharashtra & Ors., reported in (2011)1 SCC 694, after

due deliberation on the parameters as evolved by the

Constitution Bench in Gurubaksh Singh Sibbia vs. State

of Punjab (1980) 2 SCC 565. The relevant paragraphs of

the said judgment as rendered by the hon'ble Apex Court is

being quoted as under:-

"111. No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. We are clearly of the view that no attempt should be made to provide rigid and inflexible

guidelines in this respect because all circumstances and situations of future cannot be clearly visualised for the grant or refusal of anticipatory bail. In consonance with the legislative intention the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of each case. As aptly observed in the Constitution Bench decision in Sibbia case [(1980) 2 SCC 565 : 1980 SCC (Cri) 465] that the High Court or the Court of Session has to exercise their jurisdiction under Section 438 CrPC by a wise and careful use of their discretion which by their long training and experience they are ideally suited to do. In any event, this is the legislative mandate which we are bound to respect and honour.

112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice;

(iv) The possibility of the accused's likelihood to repeat similar or other offences;

(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;

(vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people;

(vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern;

(viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused;

(ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;

(x) Frivolity in prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of bail.

114. These are some of the factors which should be taken into consideration while deciding the anticipatory bail applications. These factors are by no means exhaustive but they are only illustrative in nature because it is difficult to clearly visualise all situations and circumstances in which a person may pray for anticipatory bail. If a wise discretion is exercised by the Judge concerned, after consideration of the entire material on record then most of the grievances in favour of grant of or refusal

- 10 -

of bail will be taken care of. The legislature in its wisdom has entrusted the power to exercise this jurisdiction only to the Judges of the superior courts. In consonance with the legislative intention we should accept the fact that the discretion would be properly exercised. In any event, the option of approaching the superior court against the Court of Session or the High Court is always available."

16. Now, this Court is coming back to the facts of the

present case in order to come to the conclusion as to

whether the appellant has been able to make out a case for

grant of pre-arrest bail on the principle upon which the pre-

arrest bail is to be considered.

17. It is evident from the first information report that the

appellant is named in the first information report with a

specific allegation based upon the secret information

received by the A.T.S. that one Aman Sao @ Aman Sahu

who even remaining in jail is conspiracy with his close

associates, namely, Akash Rai @ Monu, Hari Tiwari @

Dhirendra Tiwari, Bobby Sao @ Sidharth Sao, Mayank

Singh and other active members of the gang for extortion to

the businessmen of Jharkhand, the coal contractors,

transporters, the officers of the coal mining companies and

the convener of the truck owner association by giving

threating to kill which is the usual practice of recovery of

extortion and used to collect money.

- 11 -

18. It has come that due to the said money, the said gang

used to purchase AK-47, automatic ammunition along with

large number of pistol, carbine revolver, bullets, explosive.

These incriminating arms and ammunition are being used

for the purpose of extortion.

19. It has also come in the first information report that

when the A.T.S. has reached near Ormanjhi Police Station,

one Chandan Sao and Sonu Kumar had been arrested red

handed along with the forged aadhar card and motorcycle.

20. The Chandan Sao, in course of custodial interrogation

has disclosed that the occurrence of firing upon on Ranjit

Gupta was executed by him along with his associate, Waris

Ansari @ Musa, Hidayat Ansari and Bobby Sao. He has

stated that all the arms and ammunition had been kept in

Ramgarh which can even be seized today from the place

which he will identify.

21. The aforesaid information was furnished to Dy.

Superintendent of Police and thereafter, the investigating

team had proceeded along with the Chandan Sao and Sonu

Kumar towards Ramgarh, in course thereof, Warish Ansari

@ Musa was arrested along with ammunitions and

motorcycle. The said Chandan Sao has further disclosed

about his boss Aman Sao, Hari Tiwari by disclosing the

occurrence which was committed by them.

- 12 -

22. It has been disclosed by said Chandan Sao that based

upon the direction of Waris Ansari, one meeting was

conducted in Rochap Terpa under Patratu P.S. in which,

the member of said gang, namely, Digambar Prajapati,

Akash Sao (the appellant herein), Rajan Sao, Bobby Sao,

Raja Ansari, Ravi Munda and other members had

participated for the purpose of giving a result of big

occurrence in the District of Ramgarh, the extract of the

said allegation is being referred as under:-

"आगे पुछताछ म चंदन साव ने बताया िक बॉस अमन साव, पे० िनरं जन साव

सा० मतवे , थाना बुडमू िजला राँ ची, मयंक िसंह उफ सुनील कुमार मीणा, पे०

मंगत राम, सा० नई मंडी, घड़साणा, ीगंगानगर, रा राज थान, ह र

ितवारी पेक िवजय ितवारी उफ फुटु ितवारी सा० बारालोटा िजला पलामु ,

योगे र महतो, मे० िबगन महतो सा० बहरवां तरी थाना केरे डारी िजला

हजारीबाग, वा रश अंसारी पे० युनुस अंसारी सा० साकुल थाना पतरातु िजला

रामगढ़ एवं उसके िनदश पर आज हमलोगों का िमटींग पतरातु थाना े के

रोचाप टे रपा के नजदीक होने वाली है िजसम हमारे िगरोह के िदग र

जापित, पे० कमल जापित, सा० जयनगर (कु ार टोली), पतरातु िजला

रामगढ़, आकाश साव, पे० िनरं जन साव, सा० मतवे, थाना बुडमू, िजला

रोंची, राजन साय पे० कुले र साव, सा० टे रपा थाना पतरातु िजला रामगढ़,

बाँ वी साव, पे० कुले र साव सा० टे रपा थाना पतरातु, िजला रानगढ़, राजा

अंसारी, पेक खलील अंसारी, सा० जयनगर िजला रामगढ़, रिव मु ा, पे ०

० साद मु ा, सा० टे रपा, टोकीसूद िशवमंिदर के पास, थाना पतरातू

एवं अ कई मुख सदस् य आने वाले है तथा रामगढ़ म एक बड़ी घटना को