MAHENDRA SINGH KHARWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the applicant-petitioner and learned Additional Public Prosecutor for the State.

(2.) The applicant is alleged to have committed offence under Sections 147, 148, 149, 353, 307 71(A) of the Indian Penal Code. Sections 25(i-b)a, 26, 27 and 35 of the Arms Act, 1959 Sec. 17 of the Criminal Law (Amendment) Act, 1908 and Sections 38 and 39 of the Unlawful Activities (Protection) Act, 1967. Though the allegation is that firing was resorted from both of the sides but none has been injured. It is also alleged by the learned counsel that no empty cartridge was found at the place of the incident or its near vicinity which completely belies the police story.

(3.) The only material aspect pointed out by the APP is that applicant has long criminal history of sixteen cases. There are three more Bail Application which is tagged with the present bail application, was rejected. Learned counsel for the State while opposing the prayer for bail submits that the applicant is an extremist. Hence, whatever be the circumstance, the applicant is not entitled for bail.