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High CourtsSingle Bench(2011) 04 JH CK 0105

Dipak Nag @ Deepak Kumar Nag vs The State of Jharkhand

Jharkhand High Court · Decided on 7 April 2011

HON’BLE JUDGES
Narendra Nath Tiwari, J
CASE NUMBER
B.A. No. 2613 of 2011

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Judgment

6 paragraphs · 348 words

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Section(s) 147, 148, 149, 323, 325 and 387 of the Indian Penal Code and Sections 25(1-G), 26, 27 and 35 of the Arms Act.

2.

Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case; there is no allegation of causing injury by firearm; the only allegation is that the Petitioner has opened fire by his country made pistol in the sky; the Petitioner is a student of B.Com. Part-III of Gosner College, Ranchi and he has to appear in the final examination of Part-III, B.Com., which is to be commenced from 8th April, 2011. Learned Counsel further submitted that if the Petitioner is not released on bail even provisionally, his one year study shall be spoiled and the Petitioner shal be put to serious prejudice.

3.

Learned A.P.P. opposed the Petitioner�s prayer for bail and submitted that the Petitioner is an accused of serious nature of offence and the ground of his examination is only a pretext; the Petitioner is not a serious student and he has no care for his educational career or for appearing in the examination; there is direct allegation against the Petitioner and as such, he does not deserve to be released on bail.

4.

I have heard learned Counsel for the Petitioner and learned A.P.P.

5.

Call for the case diary from the concerned court below.

6.

However, on the ground of his examination, which is supported by the documents annexed to the bail application, the Petitioner, above-named, is directed to be released on provisional bail up to 29th April, 2011 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Basia P.S. Case No. 10 of 2011, corresponding to G.R. No. 118 of 2011, with the condition that the bailors must be the family members of the Petitioner. The Petitioner shall surrender before the court below on or before 30th April, 2011.