Allowed

Lugo Alias Sanika Munda v. the State of Jharkhand

Jharkhand HC1 Oct 2020B.A./1733/2020

Case brief

AI extract

What is this about?

The Court allowed bail applications filed by accused persons charged under IPC and the Prevention of Witch (Daain) Practices Act. The bail was granted on consistent grounds with similar co-accused. The Court directed the Jail Authority to conduct COVID-19 tests before release but clarified this is a public interest direction, not a bail condition.

What did the court decide?

Petitioners released on bail with ₹10,000 deposit and two sureties; Jail Authority to test for COVID-19 before release.

Lugo Alias Sanika Munda Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 1028 of 2020

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Anand Munda	Versus	…. ….Petitioner(s).
State of Jharkhand	With	…. ….Opposite Party(s)
B.A	No. 1733 of 2020
Lugo @ Sanika Munda	Versus	…. ….Petitioner(s).
State of Jharkhand		…. ….Opposite Party(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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-----FOR THE PETITIONER(S) : Mr. Nilesh Kumar, Advocate ( In B.A. No. 1028 of 2020) Mr. Ajay Kr. Sah, Advocate( In B.A. No. 1733 of 2020) FOR THE STATE : Mr. Tarun Kumar, APP Mr. Satish Kumar Keshri, APP ------

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07/01.10.2020

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Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

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The petitioners are accused for allegedly committing an offence punishable under Sections 302/201/34 IPC and Section 3, 4 & 5 of Prevention of Witch (Daain) Practices Act.

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Petitioners renew their prayer on the ground that exactly similarly situated co-accused persons have already been granted bail by the co-ordinate bench of this Court. He submits that co-accused persons have been granted bail after rejection of bail of the petitioner by this Court.

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Learned A.P.P. opposes the prayer for bail but does not disputed that exactly similarly situated co-accused persons have been granted bail by the coordinate bench of this Court.

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Considering the aforesaid facts, I am inclined to allow these applications. Accordingly, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned AJC-III, Ranchi in connection with Namkum Police Station Case No. 70 of 2018 (G.R. No. 2719 of 2018), S.T. No. 489 of 2018.

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-2-

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I direct the Jail Authority that before releasing the petitioners from jail, the Jail Authority should get the petitioners tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioners and get them treated in COVID-19 centre by following all the protocols.

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This direction is given in the larger public interest and it should not be construed as a condition of bail.

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(ANANDA SEN , J)

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anjali/ C.P 3

Lugo Alias Sanika Munda v. the State of Jharkhand

Case brief

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Lugo Alias Sanika Munda v. the State of Jharkhand

Case brief

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