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2025 DAILYLAW 11993 (JHR)

ROSHAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./2709/2024 · 2025-01-16

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2709 of 2024 ------ Roshan Kumar, Aged about 34 years, Son of Ashok Ram, Resident of Ward No. 04, Near Central Hospital, Manas Nagar Karma, P.O. –Karma, P.S. –Telaiya, District –Koderma. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Manish Kumar, Advocate For the State : Mr. V.S. Sahay, Addl. P.P. ------ Order No.10 Dated- 16.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Telaiya P.S. Case No.284 of 2023 registered under sections 395 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed dacoity and looted Rs.96,509/- on the point of gun from the employee of a courier service company. It is further submitted that the allegations against the petitioner are all false and the petitioner has been implicated in this case only on the basis of confessional statement of the co-accused persons. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail. Learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that there is requirement of custodial interrogation of the petitioner as well as to be put to Test Identification Parade during the investigation of the case. It is next submitted that in view of the criminal antecedent of the petitioner, there is every chance of the petitioner absconding, if released on bail. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail. Considering the serious nature of allegation against the petitioner and the requirement of custodial interrogation of the petitioner as well as to be put on Test Identification Parade during the investigation of the case as also the chance of his absconding, if released on bail, this Court is not inclined to give the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioner is rejected. (Anil Kumar Choudhary, J.) Sonu/Gunjan-