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2025 DAILYLAW 34152 (JHR)

ARIF CHURIFAROSH v. THE STATE OF JHARKHAND

Cr.A(DB)/271/2025 · 2025-04-29

Ambuj Nath, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:12698-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 271 of 2025 Arif Churifarosh, son of Sarwar Siddique @ Iliyas Churifarosh, resident of village: Darji Mohalla, PO & PS: Bishrampur, District: Palamau, Jharkhand. ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH For the Appellant : Mr. Sabyasanchi, Advocate For the State : Mrs. Shweta Singh, A.P.P. --- 07/29.04.2025 The objection filed by Mrs. Shweta Singh, learned A.P.P. at the Bar is kept on record. Heard Mr. Sabyasanchi, the learned counsel for the appellant and Mrs. Shweta Singh, the learned A.P.P. for the State. This appeal is directed against the order dated 30.11.2024 passed by the learned Sessions Judge, Palamau at Daltonganj in Bail Petition No. 581 of 2024, arising out of Bishrampur PS Case No. 43 of 2023, whereby and whereunder, the prayer for bail of the appellant has been rejected. It has been submitted by the learned counsel for the appellant that mobile from which the demand of levy was made belongs to Radheshyam Kumar @ Shyam Paswan who has already been granted bail by a co-ordinate Bench of this Court in Criminal Appeal (DB) No. 2143 of 2023. It has further been submitted that the appellant is in custody since 10.09.2024. It has also been submitted that the appellant has been implicated primarily on his self- confession. Learned A.P.P. has opposed the prayer for bail of the appellant and has submitted that specific allegation has been levelled against the appellant of demanding levy from a mobile and the appellant has got nine criminal antecedents. On consideration of the fact that one of the co-accused has been granted bail by a co-ordinate Bench of this Court and the period of custody undergone by the appellant, we while setting aside the order dated 30.11.2024 passed by the learned Sessions Judge, Palamau at Daltonganj in Bail Petition No. 581 of 2024, arising out of Bishrampur PS Case No. 43 of 2023 direct the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Bishrampur PS Case No. 43 of 2023. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) S.B. (AMBUJ NATH, J.)