Manohar Parahiya @ Bimlesh Parahiya v. The State of Jharkhand

: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Appellant For the State : Mr. Nilesh Kumar, Advocate : Ms. Vandana Bharti, A.P.P. 02Dated: 14th October, 2024 ------

The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, is directed against the order dated 25.06.2024 passed in B.P. No. 225/2024 by the learned Additional Sessions Judge-1, Latehar in connection Latehar P.S. Case No. 236/2021, registered for the offence under Sections 147/148/149/333/353/307/302/120-B of the Indian Penal Code, Sections 25(1A), 25(1-AA), 26(ii)/27/35 of Arms Act, Section 17 of Criminal Law Amendment Act and also under Sections 10/13 and 16 of U.A.P. Act whereby and whereunder, the prayer for regular bail of the appellant has been rejected.

It has been contended on behalf of the appellant that the appellant is absolutely innocent and has falsely been implicated in the instant case.

It has also been contended that the identically placed co-accused person, namely, Sujit Oraon, Sakendra Oraon @ Satendra Oraon @ Abhimanyu Jee and Raghunath Singh @ Raghunath Singh Kherwar @ Raghu Jee have already been directed to be released on bail by the coordinate Bench of this Court vide orders dated 10th May, 2023, 9th May, 2024 and 9th May, 2024 passed in Cr. Appeal (DB) No. 209 of 2023, Criminal Appeal (DB) No. 321 of 2024 and Cr. Appeal (DB) No. 322 of 2024 respectively.

While on the other hand, learned Addl. Public Prosecutor appearing for the State, has vehemently opposed the prayer for bail. However, she is fair enough to admit the fact that the case of the aforesaid co-accused person as referred above, who has already been directed to be released on bail by the coordinate Bench of this Court, is identically placed to that of the case of the present appellant.

After having heard the learned counsel for the parties and further considering the fact that the appellant is remanded in the present case on

30.03.2024, this Court, is of the view that identically placed co-accused person, namely, Sujit Oraon, Sakendra Oraon @ Satendra Oraon @ Abhimanyu Jee and Raghunath Singh @ Raghunath Singh Kherwar @ Raghu Jee have already been directed to be released on bail by the coordinate Bench of this Court vide order dated 10th May, 2023, 9th May, 2024 and 9th May, 2024 passed in Cr. Appeal (DB) No. 209 of 2023, Criminal Appeal (DB) No. 321 of 2024 and Cr. Appeal (DB) No. 322 of 2024 respectively, therefore, there is no reason to take distinct view, so far as the case of the present appellant is concerned.

Considering the aforesaid fact, this Court is of the view that the impugned order needs to be interfered with.

Accordingly, the impugned order dated 25.06.2024 passed in B.P. No. 225/2024 by the learned Additional Sessions Judge-1, Latehar is hereby quashed and set aside.

In consequence thereof, the appellant, above named, 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 the learned Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 236/2021 subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause; and shall not commit offence of the like nature. In failure, the learned court shall have liberty to pass appropriate order in accordance with law so that trial, be not hindered and further that one of the bailors should be close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close relative of the appellant.

Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Samarth/