AKASH KUMAR ALIAS AKASH YADAV v. THE STATE OF JHARKHAND
A.B.A./2258/2025 · 2025-04-09
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10011 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10011 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:10873]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A No.2258 of 2025
------ Akash Kumar @ Akash Yadav aged about 18 years S/O Manoj Yadav, Resident of Ajanta Para, Hirapur, P.O. & P.S. Dhanbad, Dist.-Dhanbad (Jharkhand)
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Saibal Kumar Laik, Advocate
For the State
: Mr. Someshwar Roy, Addl. P.P
------
Order No.02 Dated- 09-04-2025
Heard the parties.
Apprehending his arrest in connection with Saraidhela P.S. Case No.290 of 2024 instituted for the offences punishable under Section 309(4)/309(6) of the B.N.S., 2023, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed robbery causing hurt to the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the FIR. It is then submitted that except the confessional statement of the co-accused, there is no material in the record to implicate the petitioner in this case. It is then submitted that there is inordinate and unexplained delay of three days in lodging the FIR. Drawing attention of this court towards para-7 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is further submitted that the petitioner waives his right of being put on T.I. parade and he will not question his identification by any of the witnesses during the trial on the ground that he was not put to proper T.I. parade. It is next submitted that the co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide
order dated 17.03.2025 passed in ABA no. 1665 of 2025. It is lastly
submitted that the petitioner undertakes to cooperate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from the date of the
order and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Dhanbad in connection with Saraidhela P.S. Case No.290 of 2024 with the condition that he will co-operate with the trial of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and furnishing an undertaking that he will not question his identification by any of the witnesses in the trial on the ground that he was not put on proper T.I. Parade and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.) Rohit/