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2025 DAILYLAW 9551 (JHR)

DIGAMBAR PRAJAPATI v. THE STATE OF JHARKHAND THROUGH ATS

Cr.A(DB)/352/2025 · 2025-05-06

Ambuj Nath, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. 2025:JHHC:13626-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 352 of 2025 Digambar Prajapati, aged about 30 years, son of Kamal Prajapati @ Kama Prajapati, resident of Village-Kumhar Toli, P.O. & P.S. Patratu, District Ramgarh ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH For the Appellant : Mr. Rajesh Kumar, Advocate For the State : Mr. Sanjay Kr. Srivastava, A.P.P. --- Order No. 03 Dated 6th May, 2025 Heard the learned counsel for the respective sides. This appeal is directed against the order dated 10.03.2025 passed in Misc. Criminal Application No. 418 of 2025 in connection with ATS Court Case No. 02/2024 (ATS P.S. Case No. 07 of 2023) by learned A.J.C.-XVIII- cum- Special Judge, ATS, Ranchi, whereby and whereunder, the prayer for bail of the appellant has been rejected. The appellant had earlier moved this Court for grant of bail but the same was withdrawn since it was filed beyond the statutory period of 90 days. It has been alleged that on account of extortion and firing one Chandan Sahu and Sonu Kumar were apprehended with firearm and forged Aadhaar Cards. It further appears that on the confession of Chandan Sahu, the appellant has been implicated. One of the co-accused similarly situated has been granted bail by this Court in Criminal Appeal (DB) No. 404 of 2025. The appellant is in custody since 30.07.2023. Although the learned APP has submitted that the appellant has got criminal antecedent, but regard being had to the manner of implication and the period of custody undergone by the appellant, we while setting aside the order dated 10.03.2025 passed in Misc. Criminal Application No. 418 of 2025 in connection with ATS Court Case No. 02/2024 (ATS P.S. Case No. 07 of 2023) by learned A.J.C.-XVIII-cum- Special Judge, ATS, Ranchi, direct that Neutral Citation No. 2025:JHHC:13626-DB the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like mount each to the satisfaction of learned A.J.C.-XVIII-cum- Special Judge, ATS, Ranchi in connection with ATS Court Case No. 02/2024 (ATS P.S. Case No. 07 of 2023). This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (AMBUJ NATH, J.) MK Page-2