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Rajiv Kumar Upadhayaya Alias Rajiv Upadhyay Alias Raju Upadhyaya Vs. the State of Jharkhand - Court Judgment

SooperKanoon Citation

Court

Jharkhand High Court

Decided On

Appellant

Rajiv Kumar Upadhayaya Alias Rajiv Upadhyay Alias Raju Upadhyaya

Respondent

The State of Jharkhand

Excerpt:


.....been submitted that the petitioner is known to informant from before, still he is not named in the fir. learned counsel accordingly, prayed for bail. learned counsel for the state has opposed the prayer for bail, but he has submitted that there is no recovery from the petitioner. the impugned order also shows that the name of the petitioner has come only in the confessional statement of the co-accused persons. in the facts and circumstances of the case, i am inclined to release the petitioner on bail. accordingly, the petitioner rajiv kumar upadhayaya @ rajiv upadhyay @ raju upadhayaya is directed to be released on bail, on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned sub-divisional judicial magistrate, ranchi, in connection with doranda p.s. case no.479 of 2012, corresponding to g.r. no.5345 of 2012. (h. c. mishra, j) r.kumar

Judgment:


IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5311 of 2013 Rajiv Kumar Upadhayaya @ Rajiv Upadhyay @ Raju Upadhayaya ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Jasvindar Kaur / Mazumdar For the State : A. P.P. ----- 4/20.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Section 395 of the Indian Penal Code, in connection with Doranda P.S. Case No.479 of 2012, corresponding to G.R. No.5345 of 2012. The case relates to dacoity and the case was instituted against unknown. Learned Counsel for the petitioner submitted that petitioner has been falsely implicated in this case and there is no recovery from the petitioner. It has also been submitted that the petitioner is known to informant from before, still he is not named in the FIR. Learned counsel accordingly, prayed for bail. Learned counsel for the State has opposed the prayer for bail, but he has submitted that there is no recovery from the petitioner. The impugned order also shows that the name of the petitioner has come only in the confessional statement of the co-accused persons. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Rajiv Kumar Upadhayaya @ Rajiv Upadhyay @ Raju Upadhayaya is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ranchi, in connection with Doranda P.S. Case No.479 of 2012, corresponding to G.R. No.5345 of 2012. (H. C. Mishra, J) R.Kumar


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