(PETITIONER IS IN JAIL CUSTODY)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CRIMINAL MISCELLANEOUS JURISDICTION)

B.A. NO. ................ / 2018

Ramu Saw @ Ramu Parsad ..........PETITIONER

VERSUS

State of Jharkhand .........OPPOSITE PARTY

SUB : REGULAR BAIL

I N D E X

SL.NO PARTICULARS PAGES

1. Petition with Affidavit

2. Annexure-1 Xerox copy of F.I.R

3. Impugned Order

VAKALATNAMA
 (PETITIONER IS IN JAIL CUSTODY)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CRIMINAL MISCELLANEOUS JURISDICTION)

B.A. NO. ......................... / 2018

IN THE MATTER OF:-

An application under section

439 and 440 of the code of

criminal procedure.

AND

IN THE MATTER OF:-

Ramu Saw @ Ramu Parsad, aged about 28 years

Son of Mahras Saw
Resident of Village- Sharheiya Ratnag
P.O and P.S-Lawalong, District- Chatra
.......PETITIONER
VERSUS

The State Of Jharkhand ......OPPOSITE PARTY

TO,

THE HON’BLE MR. JUSTICE DHIRUBHAI NARANBHAI PATEL,

THE ACTING CHIEF JUSTICE OF THE HIGH COURT OF

JHARKHAND AT RANCHI AND HIS OTHER COMPANION JUDGES

OF THE SAID HON’BLE COURT.

The humble petition on behalf of the

petitioner above named.

Most Respectfully Sheweth:-

1. That this is an application for grant of regular bail to the petitioner by

this Hon’ble court in connection with Simariya P.S case no. 73/2007

dated 30.05.2007 corresponding to G.R. no. 444/2007 registered

under section 395 and 397 of the Indian Penal Code and is pending

in the court of Learned Sessions Judge, Chatra as S.T case no.

41/2018.

2. That the petitioner has not moved before this Hon’ble Court for grant

of Regular bail /Anticipatory Bail / Criminal Revision/ Cr. M.P. /

criminal writs arising out of the criminal case in question.

3. That the cause of the action has arisen within the Territorial

Jurisdiction of this Hon’ble High Court of Jharkhand at Ranchi.

4. That the instant case has been instituted on the basis of fardbeyan of

Sukhdeo Paswan.

It has been stated by the informant

that on 19.05.2007 at about 7 P.M he along with Dharam Deo

Thakur was returned to his house on his Maruti car and on the way

when he reached near Jorakaram he found road has been blocked by

putting stone and saw six miscreants were looting the truck.

Informant further states upon seeing that he tried to flee away but

miscreants stopped his vehicle and looted his cell phone, Rupees

4000/- cash and one tape recorder and also assaulted him due to

which he sustained injury in his right hand. Informant further states

that all miscreants were armed with lathi, rod and pistol. It is further

stated that in between he received a call and he narrated the incident

and after while police came and tried to apprehend the miscreants but

they succeed in fleeing away in the forest.

A Xerox copy of the F.I.R is

annexed herewith and Marked as

Annexure-1 to this Application.

5. That the petitioner states that the entire prosecution Case is

false, fabricated and concocted one and the petitioners has falsely

been implicated in the instant case.

 6. That it is submitted that he is absolutely innocent and has

committed no offence what so ever as alleged in the First

information report.

7. That the First Information Report has been lodged against six

unknown miscreants.

8. That as per the First Information Report it is alleged that six

unknown miscreants by blocking road assaulted the informant and

looted his mobile phone, Rupees 4000/- and one tape recorder and

also looted the truck.

9. That the petitioner denies the entire allegation of committing dacoity

and assaulting the informant.

10. That it is further stated that during investigation of the case he has

been made an accused in the present case without any cogent

material to prove his complicity and his presence at the time of

occurrence.

11. That it is submitted that co-accused namely Sambhu Yadav who

faced trial has already been acquitted in S.T case number 21/2008

vide judgement dated 22.09.2015 by learned trial court.

12. That it appears from the impugned order that investigating officer

submitted charge-sheet against the present petitioner and show him

as an absconder which is not at all true rather First Information

 Report has been lodged against unknown and for that reason it was

beyond imagination of the petitioner that he has been made an

accused in the present case.

13. That it is further stated that police has not recovered any

incriminating or any looted article from the possession of the

petitioner.

14. That impugned order also does not suggest with regard to Test

Identification Parade to establish the fact that petitioner was also one

of them who committed the alleged offence as alleged by the

informant.

15. That it is submitted that supplementary charge-sheet has been

submitted against the petitioner.

16. That it is submitted that the moment he came to know that police has

made him an accused in the present case he without any delay

voluntarily surrendered before learned trial court on 09.05.2018 and

since then he is in custody.

17. That the other and further grounds shall be urged at the time of

hearing of the case.

18. That the petitioner is ready to abide by such terms and condition

which may be imposed upon him for grant of bail.

19. That the petitioner is further ready to furnish sufficient sureties to

ensure his attendance during trial of the case.

20. That the prayer for bail of the petitioner has been refused by the

Learned Sessions Judge, Chatra by an order dated 19.05.2018 in

Misc. Cr. Appl. No. 297/2018.

Under the circumstances stated above it is

therefore respectfully, prayed that your

Lordships may graciously be pleased to

enlarge the petitioner on bail to the

satisfaction of Sessions Judge, Chatra in

connection with Simariya, P.S case no.

73/2007, corresponding to G.R no.

444/2007.

And / Or

Be pleased to pass such other order or

Orders Your Lordships may deem fit and

proper.

And for this the petitioner shall ever pray.