Rajkumar Kherwar @ Sunil Kherwar, S/o Laldeo Kherwar v. State of Jharkhand
2025-01-23
NAVNEET KUMAR, SUJIT NARAYAN PRASAD
body2025
DigiLaw.ai
ORDER : 1. The instant appeal has been filed under Section 21 (4) of the National Investigation Agency Act , 2008 against the order dated 09.04.2024 passed by the learned Additional Sessions Judge-II, Gumla in B.P. No.283 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. Case No.324 of 2023 arising out of Bishunpur P.S. Case No.05 of 2021 corresponding to Spt. G.R. Case No.151 of 2023, registered for the offence under Sections 121 , 121 (A) , 124 (A) and 386 of the Indian Penal Code , Section 4/5 of the Explosive Substance Act and Section 17 of the C.L.A. Act , has been rejected. 2. It has been contended on behalf of the appellant that there is no material available for implication of the present appellant in the present case but even then he has been implicated. The implication is only based upon the confessional statement of co-accused Anil Kherwar . 3. The appellant is languishing in judicial custody since 07.08.2023, 4. The ground has been taken that the identically placed accused person, namely, Indradev Kherwar has been directed to be released on bail by this Court vide order dated 17.05.2023 passed in Criminal Appeal (DB) No.247 of 2023 . 5. Further, the accused who has confessed by disclosing the name of the present appellant in the complicity of the commission of crime, namely, Anil Kherwar has also been directed to be released on bail vide order dated 16.08.2021 passed in B.A. No.7616 of 2021 . 6. It has been contended that the charge has already been framed and, as such, taking into consideration the aforesaid fact, the impugned order may be interfered with. 7. While on the other hand, Mr. Rajneesh Vardhan learned Additional Public Prosecutor, appearing for the State, has vehemently opposed the prayer to show interference with the impugned order. 8. It has been contended that the allegation against the appellant is serious in nature and his complicity has been surfaced on the basis of the confessional statement of co-accused Anil Kherwar . 9. The ground has been taken by making distinction to the case of Indradev Kherwar by agitating the point that against the appellant, six criminal cases are there including the present one. 10.
9. The ground has been taken by making distinction to the case of Indradev Kherwar by agitating the point that against the appellant, six criminal cases are there including the present one. 10. Learned State counsel, based upon the aforesaid ground, has submitted that it is, therefore, not a fit case to show interference with the impugned order. 11. Learned counsel appearing for the appellant, in response to the issue of antecedent, has submitted that in most of the cases, the appellant has already been directed to be released on bail, however, no document has been produced to that effect. 12. This Court has heard learned counsel for the parties, gone across the material available on record. 13. The fact about implication of the present appellant is based upon the disclosure made by one Anil Kherwar . The said Anil Kherwar has been directed to be released on bail by the order passed by the learned Single Judge dated16.08.2021 in B.A. No.7616 of 2021 . 14. Further, another co-accused person, namely, Indradev Kherwar , as has been admitted by the learned counsel for the State, has been directed to be released on bail vide order dated 17.05.2023 passed by the Coordinate Bench of this Court in Criminal Appeal (DB) No.247 of 2023 . 15. So far as the issue of criminal antecedent is concerned, learned counsel appearing for the appellant has submitted that the appellant has already been directed to be released on bail in most of the cases by order passed by this Court. There is no denial to such submission on the part of learned counsel for the State. 16. Considering the aforesaid facts, this Court is of the view that the impugned order needs to be interfered with. 17. Accordingly, order dated 09.04.2024 passed by the learned Additional Sessions Judge-II, Gumla in B.P. No.283 of 2024, is hereby quashed and set aside. 18. In consequence thereof, the instant appeal stands allowed. 19. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II, Gumla in connection with S.T. Case No.324 of 2023 arising out of Bishunpur P.S. Case No.05 of 2021 corresponding to Spt.
19. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II, Gumla in connection with S.T. Case No.324 of 2023 arising out of Bishunpur P.S. Case No.05 of 2021 corresponding to Spt. G.R. Case No.151 of 2023, 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. Subject to further condition that one of the bailors should be the father/near relative of the appellant. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered. 20. The instant criminal appeal stands disposed of.