Bharat Lal Singh @ Bhanu Singh @ Bhanu Singh Kharwar v. State of Jharkhand
2023-07-14
PRADEEP KUMAR SRIVASTAVA
body2023
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the parties. 2. The petitioner has been made accused in connection with Chiniya P.S. Case No. 09 of 2022 (G. R. No. 618 of 2022), registered for the offence under Section 341, 323, 385, 387, 504, 506, 34 of the Indian Penal Code and under Section 17 of C.L.A. Act, pending in the court of learned Judicial Magistrate, 1st Class, Garhwa. 3. As per F.I.R. which was lodged against the unknown miscreants, allegation is that on 02.03.2022 at about 7:30 P.M. some unknown miscreants riding on 3-4 motorcycles came and assaulted the informant and one Arshad Raja with lathi and danda and asked Rs. 3 lakhs as extortion money for continuation of their work. They were members of T.P.C. 4. Learned counsel for the petitioner has submitted that name of the petitioner has been surfaced in this case on the basis of confessional statement of the co-accused and his self-confession recorded by police and there is no allegation of transaction regarding payment of extortion money. Petitioner was not put on T.I.P and there is no other material to connect him with the alleged offence. The petitioner is languishing in Judicial custody since 20.06.2022 without any rhymes and reasons. It is also submitted that petitioner is ready to co-operate in the trial of the case by remaining physically present on each and every date and shall not indulge in tampering with the prosecution evidence or influencing the prosecution witnesses, hence, the petitioner may be enlarged on bail. 5. Learned Addl.P.P. appearing on behalf of State has opposed the prayer for bail of the petitioner and has submitted that there is serious allegation against the petitioner of demanding Rs. 3 lacs extortion money at the point of gun, hence he does not deserve bail. 6. It appears that out of nine charge-sheet witnesses, none have been examined as yet and no reason has been assigned by the concerned trial court regarding the same and the petitioner is in judicial custody since 20.06.2022 and the learned trial court seeks time of twelve months for conclusion of the trial. 7. Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail.
7. Considering the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Garhwa in connection with Chiniya P.S. Case No. 09 of 2022.