Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 11021 of 2024
Shiv Kumar Yadav, age 22 years Son of Late Mahesh Yadav, Resident of Village Murpa, P.O. – Murpa, P.S. Balumath, Dist. Latehar.
... … Petitioner Versus The State of Jharkhand
… … Opposite Party -------
CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Petitioner : Mr. Ashok Kumar, Advocate For the State
: Mr. Someshwar Roy, A.P.P. --------
Order No. 02 / Dated 10th January, 2025
Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State. 2. The petitioner is an accused in connection with Balumath P.S. Case No. 118 of 2024, registered under Sections 308(3), 308(4), 3(5) of the B.N.S, 2023 and 17 of C.L.A. Act, pending in the Court of Learned C.J.M. Latehar. 3. It is submitted on behalf of the petitioner that the gist of the allegations as set out in the F.I.R. is that the petitioner along with co-accused persons are involved in the offence of demanding extortion from the informant. It is submitted that the entire allegations are false and fabricated because as per the prosecution case, this petitioner along with co-accused persons have been caught by the villagers and handed over to the police. Further, it has also been submitted that there is no criminal history against this petitioner as stated in para 11 of the bail petition. It has been submitted that this petitioner is a milkman and he is innocently going on his way for selling the milk and for ulterior motive, the villagers caught him and handed over to the police. It has further been submitted that petitioner is in jail since, 15.10.2024 and charge-sheet in this case has been submitted and therefore he deserves to be enlarged on bail as the possibility of tampering the evidence is very remote. 4. On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and
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submitted that the petitioner is directly involved in the commission of offence and he used to extort the money from the innocent person under the guise of being the member of TPC and therefore he does not deserve to be enlarged on bail . 5. Having heard the parties, perused the records of this case. 6.
In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned C.J.M. Latehar, in connection with Balumath P.S. Case No. 118 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law. (Navneet Kumar, J.)
Basant/S. Das