Abhishek Kumar v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120B, 420, 467, 468
- Information Technology Act, 2000 s. 66
- Bihar Conduct of Examination Act s. 10
Key paragraphs
- Para 66. Learned counsel for the State has opposed the prayer for bail. Considering the above facts and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond…
Judgment
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR For the Petitioner For the State --------- : Mr. R. S. Mazumdar, Sr. Advocate Mr. Rohan Mazumdar, Advocate : Mr. S. K. Tiwari, A.P.P --------- th November, 2023 04/Dated: 08
Heard learned senior counsel for the applicant and learned counsel for the State.
The applicant, who is in custody since 24.09.2022, has renewed the prayer for grant of bail in connection with Namkum P.S. Case No.227 of 2022, corresponding to G.R No.3112 of 2022, registered for the offence under Sections 467/ 468/ 420/ 120B of the Indian Penal Code, Section 66 of the I.T. Act and Section 10 of Bihar Conduct of Examination Act.
From perusal of the status report, it appears that the charge has already been framed on 30.06.2023, but till date not a single witness has been examined. Earlier, the bail application of this applicant was rejected vide order dated 29.03.2023, passed in B.A. No.13755 of 2022.
It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part. Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that it is a case of magisterial trial. On the above basis, prayer for bail has been renewed.
Learned counsel for the State has opposed the prayer for bail. Considering the above facts and the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi in connection with Namkum P.S. Case No.227 of 2022, corresponding to G.R No.3112 of 2022 subject to the condition that one of the bailors will be the close relative of this applicant and the applicant will also submit self-attested photocopy of his Aadhaar Card and his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court. Chandan/- (Rajesh Kumar, J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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