In this bail application prosecuted under Sections 387/506 IPC, the single bench observed that only two witnesses were examined after nearly two years of custody and granted release on bail with sureties and fortnightly attendance conditions.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2989 of 2018
Vikash Dubey @ Bikash Dubey @ Vikas Dubey …. …. Petitioner(s).
Versus
State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Ramesh Kumar, Advocate FOR THE STATE : A.P.P.
05/17.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 387/506 of the IPC.
Counsel for the petitioner submits that petitioner is in custody since 01.10.2016. He submits that only two witnesses have been examined in this case. He submits that after February 2018 not a single witness has been examined in this case. He submits that so far as criminal cases are concerned, there are 24 cases pending against this petitioner but in most of them he is either on bail or he has been acquitted.
Taking into consideration the fact that this case is tribal by Magistrate and also considering the period of custody, I am inclined to allow this application. Accordingly, the 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 learned Judicial Magistrate, 1st Class, Garhwa in connection with Ramana Police Station Case No. 131 of 2015 (G.R. No. 2097 of 2015), subject to the condition that the petitioner should appear and mark his attendance before the Ramana police station in the district of Garhwa once in a fortnight till disposal of this case, failing which his bail bond stand cancelled and the officer-in-charge Ramana police station will take appropriate steps for his arrest.
(ANANDA SEN , J)
anjali/ C.P 3
3 issues framed by the court
Whether the petitioner, an accused on custody for over a year with only two witnesses examined, deserves release on bail.
Whether the Magistrate's cancellation of bail is sustainable in the face of incomplete trial.
What conditions should be attached to the grant of bail in this case.
1 provisions across 1 enactments
Vikash Dubey @ Bikash Dubey @ Vikas Dubey
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
