Sudhir Lohra v. The State of Jharkhand

----- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Appellant For the State : Mr. Jitendra Shankar Singh, Advocate : Mr. Shailesh Kumar Sinha, A.P.P. ----- 03/Dated: 24 th June, 2023 ----- The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 is directed against the order dated

20.03.2023 passed by learned Additional Sessions Judge-I, Latehar in Bail Petition No.101 of 2023 whereby and whereunder the prayer for regular bail has been rejected.

Learned counsel appearing for the appellant has submitted that the appellant is innocent and has falsely been implicated in the instant case only on the ground of grudge and suspicion, since, there is no direct or indirect evidence as has been surfaced by the prosecution in course of investigation. It has been submitted that the Court while hearing the matter on

18.05.2023, has called for the case diary along with the antecedent report and also asked the State to file affidavit, if any. In pursuance thereto, the case diary along with the antecedent report has been received and the case diary available with the learned Additional Public Prosecutor has also been filed in affidavit. It has been contended by referring to the averment made in the 2 affidavit that there is no overact alleged to have committed by the appellant, as has been referred in the affidavit. The contention has also been raised that one co-accused, namely, Amit Lohra @ Amit Kumar whose case is exactly similar to that of the case of the appellant, who has been directed to be released on regular bail by Co-ordinate Bench of this Court vide order dated 20.10.2021 passed in B.A. No.10014 of 2021. It has also been contended that other co-accused persons have also been granted regular bail by the Co-ordinate Bench of this Court, namely, Ram Naresh Prasad and Rajesh Prasad Sahu @ Rajesh Prasad @ Rajeshwar Prasad Sahu vide orders dated 15.02.2021 and 01.03.2021 in B.A. No.1062 of 2021 and B.A. No.1926 of 2021 respectively. Learned counsel for the appellant on the aforesaid premises, has submitted that the impugned order dated 20.03.2023 may be quashed and the appellant may be directed to be released on bail.

Learned Additional Public Prosecutor appearing for the State of Jharkhand after going through the case diary, has fairly submitted that the case of the appellant is exactly similar to the case of other co-accused, namely, Amit Lohra @ Amit Kumar.

Regard being had to the facts and circumstances of the case and also by taking into consideration the fact that other co-accused person, whose case is identically situated to the case of the appellant, has been directed to be released on bail, therefore, the impugned order requires interference. Accordingly, the order dated 20.03.2023 passed by learned Additional Sessions Judge-I, Latehar in Bail Petition No.101 of 2023, is hereby quashed and set aside.

Accordingly, the appellant named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Latehar, in connection with Manika P.S. Case No.29 of 2020.

The instant criminal appeal stands disposed of. (Sujit Narayan Prasad, J.) (Sanjay Kumar Dwivedi, J.) Ajay/