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2025 DAILYLAW 34273 (JHR)

MD. ASHIF KHAN ALIAS MD. ASHIQUE KHAN v. THE STATE OF JHARKHAND

Cr.A(DB)/63/2025 · 2025-04-28

Ambuj Nath, Rongon Mukhopadhyay

body2025

Judgment text

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2025:JHHC:12614-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 63 of 2025 ------- Md. Ashif Khan @ Md. Ashique Khan …... …. Appellant(s) Versus The State of Jharkhand .…. …. Respondent -------- CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Appellant(s) : Mr. Prabhat Kumar Sinha, Advocate For the State : Mr. Vishwanath Roy, Spl.P.P -------- 06/ Dated 28.04.2025 Heard Mr. Prabhat Kumar Sinha, learned counsel for the appellant and Mr. Vishwanath Roy, learned Spl.P.P on behalf of the State. This appeal is directed against the order dated 02.09.2024 passed by the learned Sessions Judge, Chatra in Misc. Criminal Application No.1063/2024, arising out of Tandwa P.S. Case No.132/2021, whereby and whereunder, the prayer for bail of the appellant has been rejected. It has been alleged that on 29.08.2021 at about 04:20 P.M., four persons came to the workplace of the informant and opened fire to enforce the demand of levy. On account of such firing, 3 persons including the informant sustained injuries. Submission has been advanced by the learned counsel for the appellant that so far as the appellant is concerned, he has been implicated on the confessional statement of co-accused Sagar Kumar Sao. It has also been submitted that the appellant is in custody since 26.06.2024 and one of the co-accused Md. Danish Ekbal has been granted bail by this Court in Cr. Appeal (D.B.) No. 762 of 2022. Learned Spl.P.P has opposed the prayer for bail. Regard being had to the manner of implication of the appellant which seems to be only on the basis of confessional statement of Sagar Kumar Sao apart from the period of custody undergone by the appellant and that similarly situated co-accused person has been granted bail by this Court, we, while setting aside the order dated 02.09.2024 passed by the learned Sessions Judge, Chatra in Misc. Criminal Application No.1063/2024, arising out of Tandwa P.S. Case No.132/2021, direct that the appellant, above named, 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 Chief Judicial Magistrate, Chatra, in connection with Misc. Criminal Application No.1063/2024, arising out of Tandwa P.S. Case No.132/2021. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) BS-Saurav/-