This bail order granted the petitioner's prayer based on medical opinion suggesting possibility of suicide, lack of tampering risk, and prior custody. Bail granted with bond of Rs. 10,000 and two sureties.
Released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5199 of 2014
Dr. Ripu Sudan Prasad @ R.S. Prasad …… Petitioner Versus The State of Jharkhand …… Opposite Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
--------- For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : A.P.P.
03/Dated: 09/10/ 2014
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner has been made an accused for the offence registered under Section 302 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the prayer for bail of the petitioner was earlier rejected by this Court in B.A. No. 9184 of 2013 by order dated 27.11.2013 giving liberty to the petitioner to renew his prayer for bail after six months. He has also submitted that in the present case informant, brother, Doctor and the other witnesses have been examined and the Doctor has deposed that as per post-mortem no physical injury had been found on the person of the deceased and possibility of suicide cannot be ruled out; that there is no chance of the petitioner tampering with the evidence or influencing the witnesses; that he has remained in custody since 29.06.2013.
Learned A.P.P has opposed the prayer for bail and submitted that though there is no eye witness to the occurrence but there is material circumstantial evidence, however she has not controverted the fact that the Doctor has opined that the death could be suicidal.
Regard being had to the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of District & Additional Sessions Judge-1, Ghatshila in connection with Jadugora P.S. Case No. 39 of 2013 corresponding to G.R. No. 303 of 2013 (S.T. No. 139 of 2014) on the condition that the petitioner shall be present before the trial court as and when directed by the trial Court till the conclusion of the trial.
(Amitav K. Gupta, J.)
Satayendra/-
2 issues framed by the court
Whether the petitioner should be released on bail given the medical opinion that suicide cannot be ruled out and absence of tampering risk.
Whether the conditions of bail bond can be enforced to ensure the petitioner's presence during the trial.
Dr. Ripu Sudan Prasad @ R.S. Prasad
The State of Jharkhand
Amitav K. Gupta
As recorded by the court registry
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