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2025 DAILYLAW 15360 (JHR)

SAMESHWAR NAGESIYA ALIAS AKASH NAGESIYA v. STATE OF JHARKHAND

Cr.A(DB)/766/2025 · 2025-07-30

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Civil Appealbody2025

Judgment text

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2025:JHHC:20986-DB 1 Cr. A. (D.B.) No. 766 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. A. (DB) No. 766 of 2025 -------- Sameshwar Nagesiya @ Akash Nagesiya, aged about 28 years, son of Bhade Nagesiya, resident of Village-Onegara Ichuwatanr, P.O. & P.S.- Peshrar, Dist.-Lohardaga .. ... 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. Rajesh Kumar, Advocate For the State : Ms. Kumari Rashmi, APP -------- Order No. 02/ Dated: 30th July, 2025 1. Heard Mr. Rajesh Kumar, learned counsel for the appellant and Ms. Kumari Rashmi, learned Addl. Public Prosecutor appearing for the State. 2. This appeal is directed against the order dated 22.04.2025 passed by the learned Additional Sessions Judge-II, Lohardaga in connection with M.C.A. No. 180 of 2025 corresponding to Serengdag P.S. Case No. 07 of 2023, whereby and whereunder the prayer for bail of the appellant has been rejected. 3. It has been alleged that one Sunil Kherwar @ Rajkumar Kherwar was apprehended by the police and on his disclosure, the house of several persons were searched and incriminating materials were recovered. 4. Submission has been advanced by the learned counsel for the appellant that the appellant has been implicated only on the basis of suspicion on account of disclosure statement made by one co-accused. 5. It has been submitted that the appellant is in custody since 16.03.2024. 6. Learned counsel for the appellant adds that several co-accused similarly situated have been granted bail in Cr. A. (DB) No. 90 of 2024, Cr. A. (DB) No. 1755 of 2023 and Cr. A. (DB) No. 1577 of 2024. 7. Ms. Kumari Rashmi, learned APP appearing for the State has opposed the prayer for bail of the appellant and has submitted that the appellant has got three criminal antecedents. 8. However, considering the manner of the implication of the appellant and the fact that several similarly situated co-accused persons have been 2025:JHHC:20986-DB 2 Cr. A. (D.B.) No. 766 of 2025 granted bail by this Court, we while setting aside the order dated 22.04.2025 passed in M.C.A. No. 180 of 2025 corresponding to Serengdag P.S. Case No. 07 of 2023 by the learned Additional Sessions Judge-II, Lohardaga, direct the appellant be released on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Lohardaga. 9. Accordingly, this appeal stands allowed and disposed of. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) Basant/Arpit