THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3175 of 2024
Jaipal Uraon ….. Petitioner
Versus
The State of Jharkhand ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Anshu Kumar, Advocate.
For the State : Ms. Anuradha Sahay, A.P.P.
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th
Order No. 06/Dated: 28 June, 2024
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with
Tandwa P.S. Case No. 27 of 2023 registered for the offences
punishable under Sections 363, 365, 34 of the I.P.C. and subsequently,
added Section 302, 201 of the I.P.C., pending in the Court of learned
Chief Judicial Magistrate, Chatra.
As per FIR, allegation is that informant’s son was going outside
for some work, but not returned. Informant has suspicion that
petitioner and other person kidnapped his son and murdered him.
Learned counsel for the petitioner has submitted that petitioner
is innocent and has committed no offence at all as alleged in this case.
Trial has commenced and witnesses have been examined. The
petitioner is languishing in Judicial Custody since 01.02.2023 without
any rhymes and reasons. Petitioner undertakes to cooperate in the trial
of the case by remaining physically present as and when required and
shall not indulge in any manner in tampering with the prosecution
evidences or influencing the witnesses of prosecution. Hence, the
petitioner may be extended the privilege of bail.
On the other hand, learned Addl.P.P appearing for the State has
opposed the prayer for bail of the petitioner.
Regarding being to the facts and circumstances of the case,
nature of allegation coupled with the materials available against the
petitioner and in view of the fact that there is no criminal background
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of the petitioner, I am inclined to release the petitioner on regular bail.
Accordingly, the petitioner named above is directed to be released on
bail on furnishing of bail bond of Rs.20,000/- ( Rupees Twenty
thousand) with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Chatra in connection with
Tandwa P.S. Case No. 27 of 2023 subject to the conditions:-
(1) Petitioner shall remain physically present on each and every
date till the conclusion of the trial of this case unless
prevented from sufficient cause to the satisfaction of the
learned Trial Court.
(2) Petitioner shall not indulge in any or other similar offence
till the conclusion of the trial.
(3) Petitioner shall not indulge in tampering with the
prosecution evidences or influencing the prosecution
witnesses.
In case of violation of the aforesaid conditions, the bail of the
petitioner shall be cancelled and shall be taken into custody by the
learned Trial Court itself.
(Pradeep Kumar Srivastava, J.)
Simran
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