Allowed

Kuldeep Mahto v. the State of Jharkhand

Jharkhand HC5 Apr 2019B.A./422/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 302, 147, 148, 149, 353 IPC, 27 Arms Act, and 17 C.L.A. Act, the High Court granted regular bail to the petitioner, an accused in a gang rape/attempted murder case, noting that two co-accused had already been released on regular bail by a coordinate bench.

What did the court decide?

Released on regular bail on furnishing bonds of Rs. 25,000 with two sureties of the like amount each.

Kuldeep Mahto Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B. A. No. 422 of 2019

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Kuldeep Mahto, S/o Budhan Mahto

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... .. ... Petitioner(s)

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Versus

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The State of Jharkhand .. ... ...Opp. Party

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........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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......... For the Petitioner(s) : Mr. Arun Kumar, Advocate. For the State : Mr. P. K. Appu, Additional Public Prosecutor

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05 / 05.04.2019. Learned counsel for the petitioner has submitted that some typographical error has cropped up in Para-11 at Page-6 of the application, which may be permitted to rectify during course of the day.

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Permission is granted.

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Heard learned counsel appearing for the petitioner and learned A.P.P. for the

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State.

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The petitioner, who is an accused for the offence under Sections 147/148/149/353/302 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act, prays for regular bail in connection with Mahuwatand P.S. Case No. 50 of 2014 .

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Learned counsel appearing for the petitioner has submitted that the First Information Report is against ten named accused persons and 8-10 unknown accused persons.

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Learned counsel appearing for the petitioner has further submitted that name of the petitioner has been transpired in the confessional statement of co-accused, Rati Ram Manjhi who has been apprehended by the Police, has been enlarged on regular bail by a Coordinate Bench of this Court in B.A. No.381 of 2016 vide order dated 04.04.2016. Learned counsel for the petitioner has further submitted that another co-accused, Kunnu Prajapati @ Tileshwar Prajapati has also been enlarged on regular bail vide order dated 17.08.2015 passed by a Co-ordinate Bench in B.A. No.4742 of 2015, as such, the petitioner may also be enlarged on regular bail.

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Learned counsel for the State has opposed the prayer for bail and has submitted that though the petitioner was aware of this case and the anticipatory bail application of the petitioner was rejected in the year 2016 and he may not be enlarged on regular bail, as petitioner has not surrendered rather arrested on 11.11.2018.

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-2-

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Considering the rival submission of the parties and since co-accused persons have been enlarged on regular bail by a Co-ordinate Bench of this Court and the petitioner was not named in the F.I.R., as such, the petitioner, above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Bermo at Tenughat, in connection with Mahuwatand P.S. Case No. 50 of 2014 corresponding to G.R. No.912 of 2014 subject to the conditions that both the bailors must be close relatives of the petitioner and subject to the further condition that the petitioner shall appear on each and every date before the learned trial court till conclusion of the trial, failing which, the learned trial court shall cancel the bail bonds of the petitioner.

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(Kailash Prasad Deo, J.)

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Sandeep/

Kuldeep Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kuldeep Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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