Allowed

Krishna Chandra Mahato v. the State of Jharkhand

Jharkhand HC17 Dec 2019Cr.A(SJ)/712/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand set aside the order rejecting the appellant's bail application. Considering the appellant's custody period of five and a half months, the court directed his release on a bail bond of Rs. 10,000 with two sureties.

What did the court decide?

The appellant is directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.

Krishna Chandra Mahato 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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Criminal Appeal (S.J.) No. 712 of 2019

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Krishna Chandra Mahato … … Appellant Versus 1. The State of Jharkhand 2. Sunita Jamuda … … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Appellant : Mr. Arun Kumar, Advocate For the Respondents : Md. Azeemuddin, A.P.P.

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05/17.12.2019 Heard Mr. Arun Kumar, learned counsel for the appellant and Md. Azeemuddin, learned A.P.P. for the State.

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This appeal is directed against the order dated 19.06.2019 passed by the learned Additional Sessions Judge – I, Chaibasa in Miscellaneous Criminal Application No. 210 of 2019 by which the prayer for bail of the appellant who is an accused in connection with Chakradharpur P. S. Case No. 55 of 2019, has been rejected.

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Submission has been advanced by the learned counsel for the appellant that no case under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellant. It has further been submitted that Section 354 (C) of the Indian Penal Code is bailable and that the appellant is in custody for five and half months.

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Learned A.P.P. has opposed the prayer made by the appellant.

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It appears that earlier the appellant has been granted provisional bail on 18.07.2019. However, the appellant has subsequently surrendered on 25.09.2019. The appellant appears to have remained in custody for five and half months. The allegation so far as the First Information Report is concerned, is with respect to the appellant trying to prepare a video of the informant when she was bathing and this fact has been supported in her statement under Section 164 CrPC.

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However, considering the period of custody undergone by the appellant, while setting aside the order dated 19.06.2019 passed by the learned Additional Sessions Judge – I, Chaibasa in Miscellaneous Criminal Application No. 210 of 2019, the appellant, named above, 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 Additional Sessions Judge – 1, Chaibasa, in connection with Chakradharpur P. S. Case No. 55 of 2019.

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This application stands allowed and disposed of.

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Krishna Chandra Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Krishna Chandra Mahato v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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