High CourtsSingle Bench(2023) 10 JH CK 0008

Aynul Hasda @ Ainul Hansda And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 6 October 2023

HON’BLE JUDGES
Gautam Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
A.B.A. No. 5414 Of 2023

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Judgment

8 paragraphs · 268 words

Gautam Kumar Choudhary, J

Heard learned counsel for the parties.

Apprehending their arrest, the petitioners named above have moved this Court for grant of anticipatory bail in connection with RPF/Post/Dangoaposi Case No. 02 of 2023 (R.A. Case No. 224 of 2023) for the offence under Sections 3(a) of R.P. (U.P.) Act, pending in the court of Railway Judicial Magistrate, Chakradharpur, West Singhbhum at Chaibasa.

As per the prosecution case, 60 Kg. of cut pieces of railway line total length 6 meters was seized near the railway line along with three named accused Mangal Hansda, Ghasia Tamsoy and Pagla Hansda. The names of the petitioners have come up on the basis of confessional statement.

It is submitted by learned counsel for the petitioners that save and except the confessional statement, there is no material against the petitioners. The petitioners have got no criminal antecedent and have been falsely implicated in this case on suspicion.

Learned counsel for the State has opposed the prayer for bail.

Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of their arrest or surrender within a period of two weeks from the date of this order, the petitioners named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C.

The petitioners will cooperate in the investigation and will appear on notice under Section 41A of Cr. P.C.