IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 2114 of 2024
In
Cr. Appeal (D.B.) No. 229 of 2024
Rajkeshwar Yadav @ Vinod Yadav Appellant
..…
Versus
The State of Jharkhand .....Respondent
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ice Rongon Mukhopadhyay
CORAM: Hon’ble Mr. Just
Hon’ble Mr. Justice Deepak Roshan
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For the Appellant : Mr. Ramesh Kumar, Adv.
For the Respondents : Mrs. Priya Shrestha, Spl.PP
4/30.04.2024 Heard Mr. Ramesh Kumar, learned counsel
for the appellant and Mrs. Priya Shrestha, learned Spl.P.P
appearing for the State.
2. This interlocutory application has been preferred
by the appellant for condoning a delay of 14 days in filing
the appeal.
3. Having been satisfied with the reasons assigned in
the instant application, the same is allowed and the delay
of 14 days in filing the appeal is hereby condoned.
4. I.A. No.2114 of 2024 stands disposed of.
Cr. Appeal (DB) No. 229 of 2024.
5. This appeal is directed against the order dated
05.01.2024 passed in B.P. No. 844 of 2023, by the
learned Additional Sessions Judge-VI, Palamau at
Daltonganj, arising out of Chhattarpur, P.S. Case No. 166
of 2023; whereby and whereunder the prayer for bail of
the appellant has been rejected.
6. It has been alleged that the appellant and another
accused person were apprehended by the police and from
their possession two mobiles were recovered and from the
dickey of the motorcycle Rs. 5,00,000/- was recovered. It
has further been alleged that the amount which was
recovered was on account of levy collected which was to
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be handed over to the Zonal Commander of an extremists
group.
7. Submission has been advanced by the learned
counsel for the appellant that the appellant is in custody
since 3.09.2023. It has further been submitted that the
embargo under section 43 (D) (V) of the UPA Act will not
be attracted on the ground that the allegations levelled
against the appellant come under chapter III of the UAP
Act.
8. Learned Spl. P.P. has opposed the prayer for bail of
the appellant.
9. Regard being had to the period of custody of the
appellant we while setting aside the order dated
05.01.2024 passed in B.P. No. 844 of 2023, by the
learned Additional Sessions Judge-VI, Palamau at
Daltonganj, arising out of Chhattarpur, P.S. Case No. 166
of 2023, direct that the appellant be released on bail on
furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each, to the satisfaction of
learned Additional Sessions Judge-VI, Palamau at
Daltonganj, arising out of Chhattarpur, P.S. Case No. 166
of 2023
10. Accordingly, this appeal is allowed.
(Rongon Mukhopadhyay, J.)
(Deepak Roshan, J.)
Amardeep/
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