Rajesh Kumar Mehta v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioner For the State : Mr. Rajeev Ranjan Tiwary, Adv. : Mr. V.S. Sahay, Addl. P.P. Order No.04 Dated- 21.06.2022 Heard the learned counsel for the petitioner and learned Addl. P.P. for the State. The petitioner has been made accused in connection with Barhi P.S. Case No. 529 of 2021 corresponding to G.R. No.491 of 2022 (S.T. No.182 of 2022) registered under sections 394 of Indian Penal Code. As per F.I.R., the allegation is that, the informant was assaulted by the miscreants and they snatched his bag containing Rs.1.55 lakhs and a mobile phone and went away. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only on the basis of suspicion and his own self-confessional statement which has got no evidentiary value in the eye of law. There is no recovery from the conscious possession of the petitioner. It is next submitted that the petitioner has been arrested in this case only on basis of his criminal antecedent. The petitioner is languishing in judicial custody since

04.01.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-IV, Hazaribagh in connection with Barhi P.S. Case No. 529 of 2021 corresponding to G.R. No.491 of 2022 (S.T. No.182 of 2022). Pappu/ (Pradeep Kumar Srivastava, J.)