UMESH KARMALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is an accused in a case registered under Section 392 of the Indian Penal Code (later on altered as Sections 395 and 412 of the Indian Penal Code and Sections 25(1-B)a and 26 of the Arms Act).

(2.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. Initially the first information report was lodged against four unknown miscreants. The petitioner has been implicated in this case on the alleged confessional statement of co-accused- Prakash Karmali. Nothing incriminating has been recovered from the possession of the petitioner. He has also not been put on test identification parade. Co-accused- David Kumar @ Devid Kumar has already been granted bail by this Court vide order dated 19th June, 2019 in B.A. No.4909 of 2019. As such, the petitioner who is in judicial custody since 22nd December, 2018 may be given the privilege of regular bail. Learned APP opposes the petitioner's prayer for bail.

(3.) Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, 1st Class, Bermo at Tenughat, in connection with Kasmar P.S. Case No.76 of 2018, corresponding to G.R. No.1255 of 2018.