The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1120 of 2024 Niraj Kumar Singh@ Bhagina@Niraj Singh ... Petitioner -Versus- The State of Jharkhand … With B.A. No. 1196 of 2024 Shahid Khan@Shahzada The State of Jharkhand -Versus- … With ... Opposite Party ... Petitioner ... Opposite Party B.A. No. 1356 of 2024 Rohit Kumar Gupta@Sethbaz@Rohit Kr. Gupta The State of Jharkhand -Versus- … ... Petitioner ... Opposite Party
Legal Reasoning
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioners :- Mr. Parambir Singh Bajaj, Advocate; For the State :- Mr. Rakesh Ranjan APP Mr. Saket Kumar, APP Mr. Anup Pawan Topno, APP ... 6/21.06.2024: BA No. 1196 of 2024 When the matter is called out, the learned counsels for the parties are present. Learned counsel for the petitioner submits that the name of this petitioner has come in the FIR along with other accused persons who were assembled, at the time of the occurrence. The petitioner is also amongst the seven persons who were apprehended. The counsel further submits that out of seven apprehended persons, three co-accused persons namely Divyanshu Ojha, Gouranga Prusty and Tapas Das have been enlarged on bail vide orders dated 23.02.2024, 23.02.2024 and 17.02.2024 passed in BA Nos. 11543 of 2023, 10180 of 2023 and 9798 of 2023 respectively. Learned counsel further submits that the case of the petitioner stands on the similar footing with Divyanshu Ojha, in respect of weapons recovered from their possession, and Divyanshu Ojha has already been enlarged on bail by this court, and therefore, the petitioner seeks parity. The learned counsels for the State have vehemently opposed the prayer for bail of the petitioner but have not denied the cited bail orders. Having heard learned counsels for the parties and in the facts and circumstances on record, the petitioner namely Shahid Khan is ordered to be released on bail on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned District &Additional Sessions Judge-I, Ghatsila in connection with Ghatsila P.S. Case No. 64 of 2023 corresponding to G.R. Case No. 183 of 2023 (ST Case No. 580 of 2023) subject to the conditions that:- i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below and ii) the petitioner shall submit self-attested photocopy of his Aadhaar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court iii) the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non-appearance at the police station, their bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below. BA No. 1356 of 2024 When the matter is called out the learned counsels for the parties are present. Learned counsel for the petitioner submits that the name of this petitioner has come in the FIR along with other accused persons who were assembled, at the time of the occurrence. The petitioner is also amongst the seven persons who were apprehended. The counsel further submits that out of seven apprehended persons, three co- accused persons namely Divyanshu Ojha, Gouranga Prusty and Tapas Das have been enlarged on bail vide orders dated 23.02.2024, 23.02.2024 and 17.02.2024 passed in BA Nos. 11543 of 2023, 10180 of 2023 and 9798 of 2023 respectively and therefore, the petitioner seeks parity. The learned counsels for the State have vehemently opposed the prayer for bail of the petitioner but have not denied the cited bail orders. Having heard learned counsels for the parties and in the facts and circumstances on record, the petitioner, namely Rohit Kumar Gupta, is ordered to be released on bail on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ghatsila in connection with Ghatsila P.S. Case No. 64 of 2023 corresponding to G.R. Case No. 183 of 2023 subject to the conditions that:- i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below and ii) the petitioner shall submit self-attested photocopy of his Aadhaar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court iii) the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non-appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below. BA No. 1120 of 2024 The learned counsel for the petitioner submitted that there is no specific allegations against the petitioner from the FIR , and therefore, no act of firing can be attributed to him. Also the petitioner is in custody since 6.10.2023 only on the basis of suspicion, and also charges have been framed against him, and therefore, he may be enlarged on bail. The learned counsel for the State has opposed the prayer for bail of the petitioner and submitted that from the FIR and as per the impugned order it is apparent that the petitioner is involved in other cases and also the assembly of persons were there on the directions of the petitioner. The counsel further submits that the petitioner is the kingpin of the occurrence and has also got several antecedents against him. Having heard learned counsels for the parties and in the facts and circumstances on record, I am not inclined to grant bail to the petitioner namely Niraj Kumar Singh. Accordingly, the prayer for bail of the petitioner stands rejected in connection with Ghatshila P.S. Case No 64 of 2023 corresponding to G.R. Case No. 183 of 2023, (S.T. Case No.580 of 2023). Abha/- (Ratnaker Bhengra, J.)