Amitabh Gupta @ Amitabh Kumar Gupta v. The State of Jharkhand

------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------- : Mr. Vikas Kumar, Advocate For the Appellant For the Respondent : Mr. Manoj Kumar Mishra, A.P.P. ------ Order No.07 /Dated:18th March, 2025

The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 27.01.2025 passed by the learned Addl. Sessions Judge-I, Sahibganj in M.C.A. No. 46 of 2025 whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. Case No.08 of 2025 arising out of Barharwa/GRPS Case No.48 of 2024 registered for the offence under Sections 137(2), 143(5) of the B.N.S, 2023 and Sections 75/81 of the Juvenile Justice Act, 2015 Act has been rejected.

Learned counsel appearing for the appellant has submitted that it is a case where the appellant has falsely been implicated.

The submission has also been made that nothing incriminating has been recovered from the conscious possession of the present appellant. It has been contended that no ingredient of child trafficking under section 137(2), 143(5) of the B.N.S, 2023 and section 75/81 of the J.J. Act is attracted against the appellant. The appellant has been languishing in judicial custody since 18.08.2024 and a charge sheet has been submitted in the present case.

It has further been contended that the parents of the victims have admitted that they on their own wish have sent their children for the purpose of earning livelihood and they have also returned to their respective residence.

It has been contended that the co-accused persons, namely, Kamal Sk @ Kamal Sheikh and Manjarul Islam have been released on bail vide order dated 18.12.2024 passed in Criminal Appeal (DB) No.1360 of 2024 by this Court.

It has been contended that the case of the present appellant is identical to that of the said co-accused, namely, Kamal Sk @ Kamal Sheikh and Manjarul Islam, who have been directed to be released on bail by the order of this Court.

The learned counsel for the appellant, based upon the aforesaid ground, has submitted that the impugned order may be interfered with.

While on the other hand, learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the appellant stating that the nature of allegation said to be committed by the appellant is serious, however, he has not disputed the fact that the co-accused, namely, Kamal Sk @ Kamal Sheikh and Manjarul Islam have been directed to be released on bail vide order dated 18.12.2024 passed in Criminal Appeal (DB) No.1360 of 2024 by this Court.

We have heard the learned counsel for the parties and gone across the findings recorded by the learned trial Court in the impugned judgment as also the testimonies of the witnesses and other material exhibits available therein.

The main ground taken on behalf of the appellant is that the case of the present appellant is on similar footing of the co-accused, 2 namely, Kamal Sk @ Kamal Sheikh and Manjarul Islam, who have been directed to be released on bail by the order of this Court.

Therefore, this Court is of the view that the principle of parity is to be made applicable in the present case and, accordingly, we are of the view that the appellant has been able to make out a case for grant of bail and the impugned order needs to be interfered with.

Accordingly, the order impugned dated 27.01.2025 passed by the learned Addl. Sessions Judge-I, Sahibganj in M.C.A. No. 46 of 2025 in connection with S.T. Case No.08 of 2025 arising out of Barharwa/GRPS Case No.48 of 2024 is, hereby, quashed and set aside.

I.A., if any, stands disposed of. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Sudhir 3