Single judge application for bail. Petitioner challenged trial court framing of charge and bail refusal. Court granted bail subject to conditions regarding police verification documents and active mobile number.
Petitioner released on bail of Rs.10,000/- with two sureties, subject to submission of Aadhar Card and maintenance of active mobile number.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3826 of 2020
Birsa Bhengra … … Petitioner Versus The State of Jharkhand … … Opp. Party
--- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--For the Petitioner : Mr. Ritesh Kumar, Adv. For the State : Mr. Sardhu Mahto, A.P.P. ---
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
07/11.01.2021 : The present application has been filed for grant of regular bail to the petitioner in connection with S.T. No.334 of 2019 arising out of Torpa P.S. Case No.27 of 2016, corresponding to G.R. No.175 of 2016, registered for the offence under Sections 302, 307 and 34 of the IPC, Section 27 of the Arms Act and under Section 17 of the C.L.A. Act.
Learned counsel for the petitioner has submitted that the alleged eye witness namely Punam Tiru has not made any specific allegation upon this applicant. Although there are 17 criminal antecedents of this applicant, but in supplementary affidavit it has been submitted that there are only 11 criminal antecedents against this applicant, out of which in three cases, the applicant has been acquitted by the trial court and in five cases he has already been granted regular bail by this Court. The applicant is languishing in jail custody since 23.04.2019.
Counsel for the State has opposed the prayer for bail.
Considering the nature of allegation and material available on record, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Khunti, in connection with S.T. No.334 of 2019 arising out of Torpa P.S. Case No.27 of 2016, corresponding to G.R. No.175 of 2016, subject to
condition that the petitioner will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with offences under Sections 302, 307 IPC and other enactments.
3 provisions across 3 enactments
Birsa Bhengra
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
