1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1580 of 2024 --------- Somay Pahariya @ Somay Pahadiya, aged about 46 years, s/o Pagla Maisa Pahadiya, R/O-Patherchatti, P.O.+ P.S.-Tinpahar, District- Sahibganj. … … Appellant Versus The State of Jharkhand … … Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Appellant : Mr. Deepak Sahu, Advocate For the Respondent : Mr. Abhay Kr. Tiwari, APP ----------- 03/Dated: 25th February, 2025 1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 05.11.2024 passed by the learned Additional Sessions Judge-I, Sahibganj in B.P. No. 279 of 2024, by which the prayer for grant of regular bail of the appellant in connection with G.R.P.S. Barharwa Case No.52 of 2024 corresponding to Rly. G.R. Case No.82 of 2024 registered under Sections 137(2)/143(5) of BNSS, 2023 and Sections 75, 81 of Juvenile Justice Act, 2015, has been rejected. 2. It has been contended on behalf of the appellant that even accepting the allegation levelled against the present appellant then also no case is made out against the appellant. 3. It has been contended that the children said to be trafficking have not been found to be in possession of the present appellant rather after being asked by the police personnel, the name of the present appellant has been disclosed. 4. It has also been contended that the appellant is having no criminal antecedent and the chargesheet has also been submitted. 5. Learned counsel for the appellant, based upon the aforesaid premise, has submitted that the impugned order, therefore, needs to be interfered with. 2 6. While on the other hand, learned Additional Public Prosecutor appearing for the respondent-State has vehemently opposed the prayer for grant of regular bail. 7. We have heard the learned counsel for the parties and gone through the case diary as also the findings recorded by the learned court in the impugned order. 8. This Court, taking into consideration the period of custody since the appellant is languishing in judicial custody since 01.09.2024 as also the charge sheet has been submitted and further there is no criminal antecedent, is of the view that the impugned order needs interference. 9. Accordingly, the order dated 05.11.2024 passed in B.P. No. 279 of 2024 in connection with G.R.P.S. Barharwa Case No.52 of 2024 , is hereby quashed and set aside. 10. In view thereof, the instant appeal stands allowed. 11. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Rly. J.M.F.C., Sahibganj in connection with G.R.P.S. Barharwa Case No.52 of 2024 subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to take appropriate course in accordance with law and; further subject to the condition that one of the bailors should be a close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close relative of the appellant. 12. Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Saurabh/-