High Court at Ranchi allowed bail to Sunil Nayak, accused in torch-light suicide case under Section 306 IPC, directing release on bond of Rs.10,000 with two sureties subject to conditions of presence at trial and residence restriction.
Bail granted on furnishing bond of Rs.10,000 with two sureties of similar amount.
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. 5856 of 2017
Sunil Nayak, Son of Ganga Nayak, Resident of village Torpa Bazar, PO & PS-Torpa, District-Khunti .... Petitioner
-Versus-
The State of Jharkhand ….... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Gaurav, Adv. For the State : Mr. Ashok Kumar No.2, APP
07/14.09.2017 Case-diary has been received.
Heard the learned counsels appearing for the parties and perused the documents on record.
Petitioner has been made an accused in Torpa P.S. Case No. 30 of 2017 which was registered for the offences under Section 306 I.P.C.
It is stated that the deceased-Sangita Kumari with whom the petitioner had a love affair, when the petitioner declined to marry her, committed suicide by jumping in a nearby well. The learned counsel for the petitioner submits that except an allegation that the petitioner had a love affair with the deceased, in the First Information Report there is no allegation that on the date of alleged occurrence, the petitioner had instigated the victim. The petitioner is in judicial custody since 31.05.2017 and a charge-sheet has been filed for the offence under Section 306 I.P.C.
Mr. Ashok Kumar No.2, the learned APP opposing the prayer for grant of bail submits that on account of demand of Rs.2 lakhs and a motorcycle, desperate victim ended her life.
Having regard to the facts and circumstances of the case, the petitioner namely, Sunil Nayak 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 Chief Judicial Magistrate, Khunti in connection with Torpa P.S. Case No.30 of 2017, corresponding to G.R. No.203 of 2017, with 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 residence without 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.)
sudhir
1 issue framed by the court
Whether the petitioner deserves bail in a charge under Section 306 IPC.
Sunil Nayak
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
