In this bail application, the High Court of Jharkhand granted relief to the accused petitioner. The court observed that the informant had turned hostile and directed the release of the applicant on bail upon furnishing a bond and sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8336 of 2014
Dilip Xalxo @ Ajay Xalxo .… Petitioner -VersusThe State of Jharkhand ..... Opposite Party
CORAM : HON’BLE MR. JUSTICE H.C.MISHRA
------For the Petitioner : : M/s. S.K.Upadhyay For the State : : M/s. Sadhna Kumar, A.P.P. -------
2/ 14.11.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Kamdara P.S. Case No.17 of 2012, corresponding to G.R. No.269 of 2012, S.T. No. 135 of 2012, for the offence under Sections 366-A, 304, 367, 368, 34, 120-B of the Indian Penal Code.
There being allegation against the petitioner to have taken away the minor daughter of the informant to Delhi and when she returned back after few years, she was mentally ill and in the state of mental illness she died, the bail application of the petitioner was rejected on merits by order dated 05.11.2012 in B.A. No. 6136 of 2012.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the informant, who is the father of the victim, has since been examined and he has turned hostile. The deposition of the informant has been brought on record.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Dilip Xalxo @ Ajay Xalxo, 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 learned Additional Sessions Judge,-I, Gumla, in connection with, Kamdara P.S. Case No.17 of 2012, corresponding to G.R. No.269 of 2012, S.T. No. 135 of 2012.
(H.C.Mishra, J.)
D.S.
1 issue framed by the court
Whether the applicant is entitled to be granted bail in light of the witness turning hostile.
Dilip Xalxo @ Ajay Xalxo
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
