In cases involving the recovery of arms and ammunition, the absence of independent witnesses to the seizure memo can be a ground for granting bail.

Headnote:
BAIL - ARMS ACT - RECOVERY OF ARMS AND AMMUNITION - INDEPENDENT WITNESS - ABSENCE
Fact of the Case:

The applicant was arrested for possession of six country-made pistols, five live cartridges, and four magazines. The recovery was allegedly made by the police party without any independent witnesses.
Finding of the Court:

The court found that there was no independent witness to the seizure memo and that the applicant had no criminal antecedents.
Issues: Whether the applicant should be granted bail in the absence of independent witnesses to the seizure memo.
Ratio Decidendi: The court held that the absence of independent witnesses to the seizure memo and the lack of criminal antecedents of the applicant were grounds for granting bail.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.14711 of 2021

Kundan Kumar

.....

… Petitioner

Versus

The State of Jharkhand

…. …. Opp. Party

--------

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

------

For the Petitioner

: Mrs. Vani Kumari, Advocate

For the State

: Mr. V.K. Vashistha, A.P.P.

--------

02/12.01.2022

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

State.

This bail application has been filed on behalf of the applicant–

Kundan Kumar with prayer to release on bail in connection with Namkom P.S.

Case No.187 of 2021 registered under Sections 25(1-B)a/25(1-AA)/26/35 of the

Arms Act and Sections 25(6)(7) of the Arms (Amendment) Act, 2019 pending in

the court of learned Judicial Magistrate, 1^st Class, Ranchi.

Learned counsel for the applicant has submitted that the F.I.R. of

this case of lodged by the police party and from possession of this applicant six

country made pistols, five live cartridges, four magazines were alleged to be

recovered. The alleged recovery has been falsely planted and there is no

independent witness of public of the seizure memo. The applicant has been

languishing in jail since 21.07.2021 having no criminal antecedent.

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 six country made pistol and ammunitions were recovered from

the possession of the applicant.

In view of the submission made and material on record, the bail

application of the applicant is hereby allowed. Let the applicant be released on

bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) with two

sureties of the like amount to the satisfaction of the court of learned Judicial

Magistrate, 1^st Class, Ranchi in aforesaid case.

(Subhash Chand, J.)

Rohit

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