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2025 DAILYLAW 13730 (JHR)

BOBY SAW ALIAS SIDDHARTH ALLIAS SIDDHARTH KUMAR v. THE STATE OF JHARKHAND

Cr.A(DB)/676/2025 · 2025-08-04

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:21640-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No. 676 of 2025 Boby Saw @ Siddharth @ Siddharth Kumar --- Appellant Versus The State of Jharkhand …. --- Respondent --- CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Pradeep Kumar Srivastava --- For the Appellant Mr. Jitendra S.Singh, Advocate Mr. Rakesh Kumar, Advocate For the State: Mr. Vineet Kumar Vashistha, Spl. P.P. --- I.A.No. 6955 of 2025 02 / 04.08.2025 Heard Mr. Jitendra S. Singh, learned Counsel for the appellant and Mr. Vineet Kumar Vashistha, learned Spl. P.P. 2. This application has been preferred by the appellant for condoning the delay of 24 days in filing the appeal. 3. Having been satisfied with the reasons assigned in the instant application, the same is allowed and the delay of 24 days in filing the appeal is hereby condoned. 4. The aforesaid I.A. stands disposed of. Cr. Appeal (D.B.) No. 676 of 2025 5. This appeal is directed against the order dated 10.03.2025 passed in Misc. Cr. Application No. 373/2025, arising out of ATS P.S. Case No. 07/2023 by the learned A.J.C-XVIII-cum-Special Judge-ATS, Ranchi whereby and whereunder the prayer for bail of the appellant has been rejected. 6. Submission has been advanced by the learned Counsel for the appellant that the appellant is in custody since 19.07.2023. It has further been submitted that the appellant has been implicated on the confessional statement of co- accused Chandan Saw and some of the accused persons, who have been named on the disclosure of Chandan Saw, namely, Ravi Munda, Warish Ansari @ Mussa and Hari Tiwari @ Dhirendra Tiwari have been granted bail by a Co-ordinate 2 Bench of this Court in Cr. Appeal (D.B.) No. 404/2024, Cr. Appeal (D.B.) No. 745/2024 & B.A.No. 4395/2024 respectively. It has further been submitted that the firing upon the police personnel is attributed to the present appellant without any basis as it was on the disclosure made by a person identifying a person sitting near the tree on a motorcycle as the present appellant though the statement of the said person has not been recorded by the Investigating Officer. 7. Learned Spl. P.P. has opposed the prayer for bail of the appellant and has submitted that the appellant has got several criminal antecedents. 8. However, on considering the manner of implication of the appellant and the fact that the several accused persons whose names have transpired on the confessional statement of Chandan Saw having been granted bail by the Co- ordinate Bench of this Court, we while setting aside the order dated 10.03.2025 passed in Misc. Cr. Application No. 373/2025, arising out of ATS P.S. Case No. 07/2023 passed by the learned A.J.C.-XVIII-cum-Special Judge-ATS, Ranchi direct that the appellant, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.J.C.-XVIII-cum-Special Judge- ATS, Ranchi in ATS Court Case No. 02/2024, arising out of ATS P.S. Case No. 07/2023. 9. This appeal is allowed. (Rongon Mukhopadhyay, J) (Pradeep Kumar Srivastava, J) P.K.S.