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2025 DIGILAW 929 (JHR)

Somra Manjhi @ Tala Da S/o Late Manjhlu Manjhi @ Babulal Hembrom v. State of Jharkhand

2025-03-18

PRADEEP KUMAR SRIVASTAVA, SUJIT NARAYAN PRASAD

body2025
ORDER : 1. The instant appeal has been preferred on behalf of the appellant under Section 21 (4) of the National Investigation Agency Act, 2008 for setting aside the order dated 01.08.2024 passed in Misc. Criminal Application No. 1336 of 2024 by the learned Additional Sessions Judge-I, Giridih in connection with Dumri P.S. Case No. 69 of 2022 for the offences registered under Sections 147, 148, 149, 120(B) and 302 of the Indian Penal Code; under Section 27 of the Arms Act; under Section 17 of the CLA Act and under Section 13 of the UAP Act, 1967 whereby and whereunder, the prayer for regular bail of the appellant has been rejected. 2. It has been contended that the appellant has been falsely implicated in this case and nothing has been recovered from the possession of the appellant. It has further been submitted that save and except the confession of the appellant, no incriminating material has been surfaced even though the charge sheet has been submitted. It has been further contended that there was no TIP. 3. Learned counsel for the appellant has further submitted that co- accused namely, Ravi Marandi @ Shibu Manjhi @ Ravi Murmu has been granted bail by this Court vide order dated 28.06.2023 in Cr. Appeal (DB) No. 715 of 2023 and co-accused Rahmant Ansari @ Md. Rahmat Ansari and Munsi Marandi have been granted bail by this Court vide order dated 11.01.2024 in Cr. Appeal (DB) No. 1423 of 2023 and the case of the appellant is on similar footing. It has further been submitted that the appellant is lying in judicial custody since 09.07.2022 and as such aforesaid aspect of the matter ought to have been considered by the learned trial court, but having not done so, serious error has been committed, therefore, prayer has been made that the appellant may be directed to be released on bail. 4. While, on the other hand, learned Additional Public Prosecutor appearing for the respondent-State has opposed the prayer for bail stating that appellant has been found to be active member of MCC and found to be involved in many naxal incidence. However, she has not disputed that the fact that co-accused have been granted bail by this Court. 5. We have heard learned counsel for the parties and perused the impugned order. 6. However, she has not disputed that the fact that co-accused have been granted bail by this Court. 5. We have heard learned counsel for the parties and perused the impugned order. 6. Regard being had to the facts of the present case that save and except the confession of the appellant, no incriminating material has been surfaced and further no TIP has been conducted in this case. Furthermore, co-accused namely, Ravi Marandi @ Shibu Manjhi @ Ravi Murmu has been granted bail by this Court vide order dated 28.06.2023 in Cr. Appeal (DB) No. 715 of 2023 and co-accused Rahmant Ansari @ Md. Rahmat Ansari and Munsi Marandi have been granted bail by this Court vide order dated 11.01.2024 in Cr. Appeal (DB) No. 1423 of 2023 and the appellant is languishing in judicial custody since 09.07.2022, we are of the view that the appellant deserves to be enlarged on bail. 7. Accordingly, the order dated 01.08.2024 passed in Misc. Criminal Application No. 1336 of 2024 is hereby quashed and set aside. 8. In view thereof, the instant appeal stands allowed. 9. In consequence thereof, the appellant, above named, is 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 Additional Chief Judicial Magistrate, Giridih in connection with Dumri P.S. Case No. 69 of 2022, subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the Trial Court, failing which the learned Trial Court will be at liberty to take steps in accordance with law. 10. Accordingly, the instant appeal stands disposed of.