The offence under Section 353 IPC will not be made out if the allegations are general and omnibus.

Headnote:
Fact of the Case:

The petitioner was arrested in connection with Tandwa P.S. Case No.39 of 2022 registered under Sections 147/ 148/ 149/ 341/ 342/ 353/ 504/ 506 and 34 of the Indian Penal Code.
Finding of the Court:

The court found that the offence under Section 353 IPC will not be made out and that the petitioner is innocent and has committed no offence as general and omnibus allegation has been levelled.
Issues: Whether the offence under Section 353 IPC will be made out.
Ratio Decidendi: The court held that the offence under Section 353 IPC will not be made out and that the petitioner is innocent and has committed no offence as general and omnibus allegation has been levelled.
Final Decision: The court allowed the bail application and ordered the petitioner 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.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B. A. No. 11780 of 2022

Tileshwar Sao @ Tileshwar Kumar.

.... .. ... Petitioner(s)

Versus

The State of Jharkhand.

.. ... ...Opp. Party(s)

...........

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

.........

For the Petitioner

: Mr. A. K. Sahani, Advocate

For the State

: Mrs. R. Pandey, APP

…...

04/ 02.01.2023. Petitioner above-named has moved this Court for grant of regular bail

in connection with Tandwa P.S. Case No.39 of 2022 registered under

Sections 147/ 148/ 149/ 341/ 342/ 353/ 504/ 506 and 34 of the Indian Penal

Code.

Heard the parties.

It is submitted by learned counsel for the petitioner that the offence

under Section 353 IPC will not be made out.

It is further submitted that the petitioner is innocent and has committed

no offence as general and omnibus allegation has been levelled.

Learned APP for the State has vehemently opposed the prayer.

Considering the submissions of learned counsel and the fact as

discussed above, the bail application is allowed. Accordingly, the petitioner

named above shall 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 Court below.

(Gautam Kumar Choudhary, J.)

Sandeep/