Pawan Kumar Yadav vs State Of Jharkhand

The instant appeal is under Section 21(4) of the National Investigation Agency Act, 2008 directed against the order dated 24.05.2023, passed by the learned Additional Sessions Judge-I, Deoghar in Bail Petition No.256 of 2023, whereby and whereunder, the prayer for regular bail in connection with Rikhiya P.S. Case No.21 of 2023, for the offences registered under Sections 307, 324, 326, 120-B/34 of Indian Penal Code, 25(1-B)a/25(vi)/26/27/35 of the Arms Act and Section 3/4 of Explosive Substance Act, has been rejected.

Learned counsel appearing for the appellant has submitted that although the case has been instituted under Section 307 of IPC apart from other sections of the Indian Penal Code, but from perusal of the injury report, the informant including others have sustained the injury, which is simple in nature as per the opinion of the doctor.

It has further been submitted that the charge has already been framed and the appellant is languishing in judicial custody since 03.02.2023 and the appellant has no criminal antecedent.

The matter was heard on 15th September 2023 and the case diary along with the antecedent report was called for as also the opportunity was granted to the State to file affidavit in objection.

Pursuant to the aforesaid order, the learned Additional Public Prosecutor filed affidavit on objection and by referring the said affidavit including the case diary, has submitted that it is case where the ingredients having under Section 307 of IPC has been found, since the informant, who sustained the injury, supported the prosecution version. However, the State conceded that the injuries sustained to the informant and others were simple in nature.

Learned counsel appearing for the informant has also vehemently opposed the prayer for bail by referring para 69 of the case diary.

We have heard learned counsel appearing for the parties, gone across the findings of the learned court in the impugned order as also the case diary including the affidavit in objection filed by the State.

This Court, after having found that the doctor, who has treated the informant including others, has found the injuries simple in nature.

The aforesaid fact has been conceded in the affidavit in objection filed by the State, on the basis of the material surfaced in course of investigation referred in the case diary.

It is further found that the appellant has no criminal antecedent and he is languishing in judicial custody since 03.02.2023 and the charge-sheet has also been filed.

Accordingly, impugned order dated 24.05.2023, passed by the learned Additional Sessions Judge-I, Deoghar in Bail Petition No.256 of 2023, whereby and whereunder, the prayer for regular bail in connection with Rikhiya P.S. Case No.21 of 2023 has been rejected, is quashed and set-aside.

Accordingly, in consequence thereof, the appellant, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Deoghar, in connection with Rikhiya P.S. Case No.21 of 2023, subject to the condition that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

Accordingly, the instant appeal stands disposed of.