YOGENDRA SAO @ YOGENDRA SAW Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties, perused case diary, criminal antecedents of the petitioner as well as various orders passed in similar nature of cases in connection with petitioner and co-accused.

(2.) Instant bail petition has been filed on behalf of the petitioner Yogendra Sao @ Yogendra Saw in connection with Barkagaon P.S. Case No. 228/2016 [G.R. No. 2736/2016], for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 307, 332, 333, 353, 188, 427, 109, 224, 225, 337, 338, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. This petitioner happens to be Ex-Minister of State of Jharkhand and his wife Smt. Nirmala Devi is a sitting M.L.A. and he along with his wife and son had been granted bail by this Court in the instant matter vide order dated 13.12.2016 in B.A. No. 10407 of 2016. However, pursuant to the order passed in Cr.Appeal No. 930/2017 arising out of S.L.P.(Crl.) No. 1552 of 2017, petitioner surrendered before the Court below on 27.05.2017 and after rejection of bail by the trial court, has moved the instant application for bail.

(3.) Mr. R.S. Mazumdar, learned Sr. Counsel for the petitioner assisted by Mr. Rajesh Kumar, strenuously urged that petitioner is absolutely innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel further submitted that petitioner is not even named in the FIR. He has been made escape goat at the instance of district administration and the political leaders as he happens to be Ex.-Minister and husband of local MLA and has a good public support. Learned counsel submitted that petitioner was not even present at the place of occurrence. Learned counsel further submitted that the only allegation against petitioner is that the mob and the miscreants raised slogans in his name and as such, he has been allegedly made an accused as a conspirator or instigator though there is no allegation of any direct overt act.