Allowed

Bula Kunkal v. the State of Jharkhand

Jharkhand HC18 Jun 2019B.A./4061/2019

Case brief

AI extract

What is this about?

In a bail application, the High Court allowed the petitioner, an accused in an IPC case filed in 1992 and in judicial custody since 2018, to be released on regular bail upon furnishing a bond with two sureties and undertaking to appear at trial.

What did the court decide?

Released on bail by furnishing a bond of Rs.20,000 with two sureties of the like amount and undertaking to appear at trial.

Bula Kunkal Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.4061 of 2019

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Bula Kunkal. .......... Petitioner. -VersusThe State of Jharkhand. .......... Opp. Party.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Anjani Kumar, Advocate For the State : APP ----- Order No.03 Date: 18.06.2019

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The petitioner is an accused in a case registered under Sections 147, 148, 452, 341 and 364 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. It is further submitted that though the first information report was instituted in the year 1992, yet the petitioner being the poor labourer had gone outside the State to earn his livelihood. In the meantime, co-accused- Chhotu Seregeya Kunkal faced the trial in S.T. No.166 of 2009 and was acquitted by the learned Trial Court vide judgment dated 18^th February, 2012. The petitioner undertakes that he will fully co-operate in the trial and will appear on each and every date fixed till conclusion of the same. The petitioner is in judicial custody since 8^th October, 2018 and as such he may be given the privilege of regular bail.

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Learned APP opposes the petitioner's prayer for bail.

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Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like

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amount, each, to the satisfaction of learned Additional Sessions JudgeI, West singhbhum at Chaibasa, in connection with S.T. No.166(S) of 2009, arising out of Manjhari P.S. Case No.06 of 1992, corresponding to G.R. No.1012 of 1992, with a condition that the petitioner shall physically appear before the Trial Court on each and every date fixed till conclusion of the trial unless his physical appearance is exempted by specific order of the Trial Court for a particular date, failing which the said Court is at liberty to pass appropriate order against the petitioner in accordance with law.

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(Rajesh Shankar, J.)

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Sanjay/

Bula Kunkal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bula Kunkal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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