Balram Kumar @ Rahul Singh @ Sanjay Rout vs State Of Jharkhand

Heard Mr. Pramod Kumar, counsel appearing on behalf of the petitioner.

Heard Ms. Leena Mukherjee, counsel appearing on behalf of Opposite Party.

Counsel for the petitioner submits that the petitioner is in custody since 02.11.2018 in connection with Chandil P.S. Case No. 30/2018, corresponding to G. R. Case No. 171/2018 for alleged offence registered under Section 406 of the Indian Penal Code, said to be pending in the court of learned S.D.J.M. at Seraikella.

Counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of the co-accused, namely, Suman Kumar Singh and B. Kaushal Paul @ Kushal Paul and there has been no recovery from the possession of the petitioner. He further submits that the co-accused, namely, Suman Kumar Singh and B. Kaushal Paul @ Kushal Paul have been granted bail by this Court in B.A. No. 4740 of 2018 and in B.A. No. 5110 of 2018 respectively as contained in Annexure-2 of this bail petition. The counsel submits that the charge has already been framed on 25.03.2019 against the petitioner.

Counsel appearing on behalf of Opposite Party, on the other hand, opposes the prayer for bail and submits that there is criminal antecedent against the petitioner.

He submits that the petitioner has also confessed before the Police and his confessional statement is recorded in Para-57 of the case-diary, but there is no recovery as such of the vehicle, which is said to have been sold.

Considering the facts and circumstances of this case and considering the fact that the charge has already been framed against the petitioner, the petitioner is directed to be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. at Seraikella in connection with Chandil P.S. Case No. 30/2018, corresponding to G. R. Case No. 171/2018 for alleged offence registered under Section 406 of the Indian Penal Code on the following conditions:

(i) One of the bailors should be Government Servant.

(ii) The petitioner shall appear before the learned court below on each and every date and on account of even single default, his bail bond will be cancelled by the learned court below.

(iii) The petitioner shall cooperate with the proceedings before the learned court below.

The instant application is allowed with the aforesaid conditions.