High CourtsSingle Bench(2023) 04 JH CK 0005

Kanchan Kumar Tiwary vs State Of Jharkhand

Jharkhand High Court · Decided on 3 April 2023

HON’BLE JUDGES
Rajesh Kumar, J
CASE NUMBER
Bail Application No. 1587 Of 2023

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Judgment

8 paragraphs · 287 words

Rajesh Kumar, J

1.

Heard learned counsel for the applicant and learned counsel for the State.

2.

The applicant, who is in custody since 10.01.2023, has approached this Court for grant of regular bail in connection with Mango P.S. Case No.11 of 2023.

3.

It appears that this applicant has been made an accused for committing the offence under Section 394 of the Indian Penal Code and Sections 25(1-B) (a)/ 26/ 35 of the Arms Act.

4.

It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.

Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that even as per the allegation, the weapon has not been used rather the victim has been assaulted with the butt of the pistol. On the above basis, prayer for bail has been made.

5.

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

6.

Considering the above facts, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamshedpur, in connection with Mango P.S. Case No.11 of 2023, on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.