Satyendra Saw @ Situ @ Sintu Sao v. The State of Jharkhand

------- CORAM :HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR For the Appellants ------ : Mr. Hemant Kumar Shikarwar, Advocate Mr. Adarsh Kumar, Advocate Mr. Abhishek Kumar, Advocate For the Respondent : Mr. Anup Pawan Topno, APP Order No. 03 : Dated 24th August, 2023 --------

The instant appeal, filed under Section 21(4) of the National Investigating Agency Act, 2008, is directed against the order dated 10.07.2023 passed in B.P. No. 440 of 2023 by learned Additional Sessions Judge-IX, Giridih in connection with Giridih Town P.S. Case No. 253 of 2017 corresponding to G.R. Case No. 2486 of 2017 registered under Sections 147, 148, 149, 341, 323, 353, 307, 337, 338, 153A, 295A, 504 and 302 of the Indian Penal Code; 27 of the Arms Act; 3/4 of the Explosive Substance Act, whereby and whereunder the prayer for regular bail of the appellants has been rejected.

Learned counsel for the appellants has submitted that it is a case where on the basis of omnibus and vague allegation several persons have been implicated in mob clash in between religious groups. It has been submitted that the other identically placed accused persons have been directed - 2 - to be released on bail and in support of his argument orders have been annexed as Annexure 2 series.

Learned counsel for the appellants in view of aforesaid premises has submitted that the appellants since are languishing in judicial custody since 26.06.2023 and other identically accused persons have been directed to be released on bail, the impugned may be interfered with.

While on the other hand, learned counsel for the respondents-State on the other hand has not disputed the fact that case of the appellants is identically placed to that of appellants who have been granted bail vide order dated

08.01.2018 in B.A. No. 9261 of 2017; dated 09.01.2018 in B.A. No. 9428 of 2017; dated 10.01.2018 in B.A. No. 9543 of 2017; dated 09.01.2018 in B.A. No. 9396 of 2017; dated

24.01.2018 in B.A. No. 9516 of 2017; dated 19.03.2018 in B.A. No. 1166 of 2018; dated 21.01.2019 in B.A. No. 10386 of 2018 and order dated 09.08.2019 in B.A. No. 6495 of 2019.

This Court, after taking into consideration the fact in entirety and the fact that identically placed accused persons have been granted bail by this Court, as would appear from Annexure 2 series to the memo of appeal, is of the view that the impugned order deserves to be interfered with.

Accordingly, the order dated order dated 10.07.2023 passed in B.P No. 440 of 2023 is hereby quashed and set aside.

In consequence thereof, the appellants, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- [Ten Thousand] with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Giridih Town P.S. Case No. 253 of 2017 corresponding to G.R. Case No. 2486 of 2017, subject to the conditions that the appellants shall co-operate in the trial and shall not absent themselves on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

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