Single judge granted bail to the petitioner accused in a rape and witchcraft case, directing release upon furnishing a bond of Rs. 10,000 with two sureties.
Bail granted on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4012 of 2017
Bahadur Singh Laguri @ Bahadhur Singh Laguri, S/o- late Jamadar Laguri, resident of village-Siringsiya, PO&PS-Tonto, District-West Singhbhum, Jharkhand .... Petitioner
…....Opposite Parties
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Anjani Kumar, Advocate For the State : Mr. Arun Kr. Pandey, APP -----
06/04.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made an accused in Tonto P.S. Case No. 15 of 2016 (S.T. No. 196 of 2016), registered for offence under Section 147/149/341/342/323/354B/376D IPC and 3/4 of Witch (Daain) Practice Prevention Act, 2001.
Contending that specific allegation of committing rape has been levelled against co-accused-Ramesh Laguri and Mangal Singh Laguri and there is no specific overt act attributed to the petitioner, the learned counsel for the petitioner submits that the petitioner, who is in judicial custody since 16.06.2016, deserves bail in the instant case. It is stated that charges have already been framed. In her statement recorded under Section 164 Cr.P.C. also, the informant has not made any specific allegation against the petitioner.
Mr. Arun Kr. Pandey, the learned APP has opposed the prayer for grant of bail.
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Having regard to the aforesaid facts and circumstances of the case, the petitioner, namely, Bahadur Singh Laguri @ Bahadhur Singh Laguri, 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 the learned Additional Sessions Judge-IV, Chaibasa in connection with Tonto P.S. Case No. 15 of 2016 corresponding to G.R. No. 232 of 2016 (S.T. No. 196 of 2016), on the following conditions :
(i) he shall remain physically present on each and every date during the trial, except for special circumstances, in which the petitioner shall move an appropriate application in the trial court seeking exemption from appearance, and
(ii) he shall not change his place of residence without prior permission of the Court.
The instant application is allowed. Let a copy of the order be transmitted to the trial Court through 'Fax'.
(Shree Chandrashekhar, J.)
Tanuj/-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in the present circumstances.
Bahadur Singh Laguri
State of Jharkhand
Subni Hembrom
Shree Chandrashekhar
As recorded by the court registry
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