Advocates:
['AVILASH KUMAR', '', 'DEEPAK KUMAR', 'SACHIN MAHATO', 'VIJAY KUMAR SINHA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7874 of 2022

Rahul Ganjhu @ Khalil Jee

…… Petitioner

Versus

The State of Jharkhand

……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner

: Mr. Deepak Kumar, Advocate

For the State

: Mr. Vijay Kumar Sinha, A.P.P.

…..

Order No.05/ Dated:19.09.2022

Defects as pointed out by the office, is ignored.

Heard learned counsel for the parties.

The petitioner has been made an accused in connection with Chanho

P.S. Case No. 154 of 2021, registered for the offence under Section 452,

387, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section

17 of the C.L.A. Act, pending in the court of learned J.M., Ranchi.

As per F.I.R., allegation is that on 05.10.2021 at about 11.00-12.00 p.m.

after hearing the firing sounds, informant saw that a poster of banned

members of extremist organization group TSPC was pasted on boundary

wall with slogans and threatening of dire consequences and one empty

cartridge was also found there. It is alleged that the petitioner has

demanded rangdary from informant through whatsapp message by his

mobile no. 7462850119.

Learned counsel for the petitioner has submitted that petitioner is

innocent and has committed no offence at all rather he has been falsely

implicated in this case. It is submitted that no one has seen the petitioner at

the place of occurrence. No call detail report/whatsapp chat of the mobile

was ever collected showing his involvement in the alleged demand of

extortion money. Petitioner is thoroughly innocent. The petitioner is

languishing in Judicial custody since 18.02.2022 without rhymes and

reasons. Petitioner undertakes to co-operate in the trial of the case by

remaining physically present as and when required, hence, the petitioner

may be enlarged on bail.

Learned A.P.P appearing on behalf of State has opposed the prayer for

bail of the petitioner and submitted that there are sufficient materials

against the petitioner showing his involvement in the present case which is

serious and heinous in nature, hence he does not deserve bail.

Regard being had to the facts and circumstances of the case and nature

of allegation against the petitioner coupled with materials available against

petitioner, I am inclined to release the petitioner, on bail. Accordingly, the

petitioner, named above, is directed to be released on bail on furnishing of

bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two

sureties of the like amount each, to the satisfaction of learned J.M., Ranchi

in connection with Chanho P.S. Case No. 154 of 2021 subject to the

conditions:-

1. Petitioner shall remain physically present on each and every date till the

conclusion of the trial of this case unless prevented from sufficient

cause to the satisfaction of the learned trial court.

2. Petitioner shall not indulge in tampering with the prosecution evidence

or influencing the prosecution witnesses.

In case of violation of the aforesaid condition the bail of the petitioner

shall be cancelled and shall be taken into custody by the learned trial court

itself for the purpose of trial.

(Pradeep Kumar Srivastava, J.)

R.K.