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2023 Supreme(Online)(JHK) 1300

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE RAJESH KUMAR
MOBIN ANSARI ALIAS CHARKU ALIAS CHARKU ANSARI – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./11865/2022



An accused is entitled to bail if he has been in custody for a significant period of time and the named co-accused has already been granted bail.

Headnote:

BAIL - SECTION 384/386/34 IPC - EXTORTION - CONFESSION OF CO-ACCUSED - BAIL GRANTED

Fact of the Case:

The applicant was arrested on 23.07.2022 for allegedly demanding extortion money under Sections 384/386/34 IPC. The applicant claimed innocence and assured participation in the trial. The named co-accused, whose confession implicated the applicant, had already been granted bail.

Finding of the Court:

The court noted that the applicant had been in custody since 23.07.2022 and that the named co-accused had already been granted bail. Considering these facts, the court was inclined to grant bail to the applicant.

Issues: Whether the applicant should be granted bail for the offence of extortion under Sections 384/386/34 IPC.

Ratio Decidendi: The court held that the applicant was entitled to bail as he had been in custody for a significant period of time and the named co-accused had already been granted bail.

Final Decision: The applicant was granted bail on the condition that he furnish a bail bond of Rs.10,000/- with two sureties of the like amount each, submit self-attested photocopy of his Aadhaar Card and mobile number, and that one of the sureties be the landed property of the applicant.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.11865 of 2022

Mobin Ansari @ Charku @

Charku Ansari @ Mobon Ansari

…Petitioner(s)/Applicant(s)

Versus

The State of Jharkhand

… Opp. Party(s)

---

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

---

For the Petitioner(s)/Applicant(s)

: Mr. Aashish Kumar, Adv.

For the State

: A.P.P.

---

04/04.01.2023:

Heard learned counsel for the applicant(s) and learned A.P.P. for the

State.

The applicant, who is in custody since 23.07.2022, has approached this

Court for grant of regular bail.

The applicant is an accused of committing offence under Sections

384/386/34 IPC. There is allegation of demanding Rangdari.

Innocence has been claimed and participation in the trial has been

assured. It has been submitted that the applicant has been made accused during

investigation on the basis of the confession of the co-accused. Named co-accused

has already been granted bail by this Court vide order dated 05.08.2022 passed in

B.A. No.4342 of 2022. On the above facts, prayer for bail has been made.

On the other hand, learned A.P.P. has opposed the prayer for bail.

Considering the above facts, I am inclined to enlarge the applicant on

bail. Accordingly, the applicant, above named, is directed to be released on bail,

on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of

the like amount each to the satisfaction of the learned J.M., Gumla, in connection

with Sisai P.S. Case No.20 of 2022 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.

Further condition is that one of the sureties will be the landed property of this

applicant.

(Rajesh Kumar, J.)

Ravi/-

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