In a bail application, HC granted bail to the petitioner accused of offences under IPC and JJ Act related to child trafficking.
Release on bail with sureties and appearance conditions.
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. 6888 of 2018
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Gaytri Devi
… Petitioner
-versus-
The State of Jharkhand … Opposite Party
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CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Anil Kumar Ganjhu, Advocate For the State : A.P.P.
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5/ 22.11.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner.
Petitioner is accused for allegedly committing the offence punishable under Sections 370(5), (6)/120(B) of the Indian Penal Code and Section 26 of the Juvenile Justice (Care & Protection) Act, in connection with Kiriburu Police Station Case No.04 of 2014 [G.R. No.187(S) of 2014] and Sessions Trial No.123 of 2018, pending in the Court of learned Additional Sessions Judge II, Chaibasa.
The case of the petitioner was earlier rejected on merits on 11.04.2018 in B.A. No.1595 of 2018. Petitioner has renewed his prayer and stated that charge has already been framed on 11.07.2018 and till date no witness has been examined.
This is a case where petitioner was running a placement agency and in the garb of running the said agency, was trafficking children. Petitioner has already remained in custody from 18.11.2017, i.e., for more than a year.
Since the petitioner has remained in custody for more than a year and charge has already been framed, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Gaytri Devi, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Chaibasa in connection with Kiriburu Police Station Case No.04 of 2014 [G.R. No.187(S) of 2014] corresponding to Sessions Trial No.123 of 2018, subject to the condition that one of the bailers should be a close relative of the petitioner and another should be a local resident of district of West Singhbhum, both having sufficient landed properties in their respective names and with a further condition that the petitioner should appear before the Trial Court at
-: 2 :-
least once a month and in the event the petitioner fails to appear before the Trial Court in any particular month, bail bonds furnished by the petitioner shall stand cancelled and the Trial Court will take all steps for rearrest of the petitioner.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether the petitioner qualifies for bail after being in custody for over a year following trial closure.
Gaytri Devi
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
