Wakil Singh vs State Of Jharkhand

Subhash Chand, J

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

This anticipatory bail application has been filed on behalf of the abovenamed applicant seeking anticipatory bail in connection with Hariharganj P.S. Case No.98 of 2021 registered under Sections 414, 272, 273, 34 of the Indian Penal Code and under Section 47 (a) of Jharkhand Excise Act, pending in the court of learned J.M. 1st Class, Daltonganj, Palamau.

Learned counsel for the applicant submits that as per the prosecution version, on having received tip off the informant-Police Officer along with Police Force reached at the indicated place and found a white colour Bolero car and a Tempo, the same was intercepted and one person was apprehended at the spot, who was identified as Pawan Kumar Paswan. Those, who managed to flee away was named by the apprehended accused as Shambhu Kumar and from the said Tempo, 56 bottles of country made liquor was recovered. The apprehended accused also told that Bolero Car had been provided for carrying liquor by the present applicant. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case and his name figured in the FIR on the confessional statement of the apprehended accused namely Pawan Kumar Paswan. He further submits that the Bolero Car, which was intercepted did not belong to him and he has no concerned with the alleged offence. There is no FSL in regard to the alleged liquor being noxious.

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that name of the applicant figured in the FIR on the confessional statement of the apprehended accused and as per the memo of evidence, the applicant is also having criminal antecedents of similar in nature.

In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the application is entitled to be released on anticipatory bail, at this stage.

In the event of arrest, let the applicant-Wakil Singh , involved in the aforesaid case be released on anticipatory bail, on his furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-

i. The applicant shall make himself available for interrogation by a police officer as and when required.

ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.