CHICHI KANDIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 21(4) of the National Investigation Agency Act, 2008 against the order dtd. 21/8/2024 passed by the learned District and Additional Sessions Judge-III, Khunti in M.C.A. No.257 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. Case No.11 of 2024 arising out of Arki P.S. Case No.01 of 2021 corresponding to G.R. Case No.214 of 2021(B), registered for the offence under Ss. 147, 148, 149, 332, 333, 353 and 307 of the Indian Penal Code, under Ss. 25(1-AA), 25(1-B)(a), 25(6), 26, 27 and 35 of the Arms Act and Sec. 17 of the C.L.A. Act, has been rejected.

(2.) It has been contended on behalf of the appellant that the case has been instituted under several Ss. including under Sec. 307 of the Indian Penal Code and Sec. 25(1-AA) of the Arms Act but from the perusal of the First Information Report and even the discussion so made in the order impugned, it would be evident that nobody has sustained injury as also there is no recovery of any sophisticated weapon from the conscious passion of the present appellant and, as such, no ingredients of Sec. 307 of I.P.C. and Sec. 25(1-AA) of the Arms Act is available.

(3.) It has further been submitted that the appellant is languishing in judicial custody since 20/6/2024 and as yet, as per the impugned order, no witness has been examined out of 17 chargesheeted witnesses, therefore, the impugned order needs to be interfered with.