Prince Kumar Singh vs State Of Jharkhand

The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 05.07.2024 passed by the learned Sessions Judge, Hazaribag in Bail Petition No.432 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with Barkagaon P.S. Case No.69 of 2024, registered for the offence under Sections 447, 427, 435, 387, 504 and 506/34 of the Indian Penal Code, Section 27 of the Arms Act, Sections 16(1)(b) and 20 of the U.A.P. Act and Section 17 of the C.L.A. Act, has been rejected.

It has been contended on behalf of the appellant that it is a case where no incriminating material has been recovered from the possession of the present appellant but he is languishing in judicial custody since 27.03.2024.

It has further been submitted that although the chargesheet has been submitted but as yet charge has not been framed due to the reason, as per the report called for by this Court, that the sanction order has not been received.

Learned counsel has further submitted that the other co-accused, namely, Sunil Kumar @ Sunil Yadav, has been directed to be released on bail by this Court vide order dated 14.10.2024 passed in Cr. Appeal (DB) No.909 of 2024.

He has further submitted that the appellant is having no criminal antecedent.

Learned counsel for the appellant, on the aforesaid grounds, has submitted that the impugned order may be interfered with.

While on the other hand, Mrs. Nehala Sharmin, learned Special Public Prosecutor, appearing for the State, has vehemently opposed the prayer for bail.

It has been submitted that one mobile phone has been recovered from the possession of the appellant.

This Court has heard learned counsel for the parties, gone across the finding recorded by the learned court in the impugned order as also the case diary.

The fact about not framing of charge due to want of sanction is not in dispute in view of the report submitted by learned Sessions Judge I/c, Hazaribag as contained in letter No.772 dated 05.12.2024.

This Court, having heard learned counsel for the parties and considering the fact that the chargesheet has been submitted and the appellant is languishing in judicial custody since 27.03.2024 and he is having no criminal antecedent save and except the present case as also the fact that the co-accused namely, Sunil Kumar @ Sunil Yadav, has been directed to be released on bail by this Court vide order dated 14.10.2024 passed in Cr. Appeal (DB) No.909 of 2024, is of the view that the impugned order needs to be interfered with.

Accordingly order dated 05.07.2024 passed by the learned Sessions Judge, Hazaribag in Bail Petition No.432 of 2024, is hereby quashed and set aside.

In consequence thereof, the instant appeal stands allowed.

Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hazaribag, in connection with Barkagaon P.S. Case No.69 of 2024, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause. Subject to further condition that one of the bailors should be the father/near relative of the appellant. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.

The instant criminal appeal stands disposed of.