The High Court of Jharkhand granted bail to Bablu Murmu, an accused in a kidnapping case, directing him to furnish a bond of Rs. 25,000 with two sureties and adhere to strict conditions regarding trial attendance and non-interference with witnesses.
Release on bail by furnishing a bond of Rs. 25,000 with two sureties under specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6024 of 2022
Bablu Murmu … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Gautam Kumar, Adv. For the State : Mr. Nawin Singh, Addl. P.P.
Order No.05 Dated- 24.08.2022
Heard learned counsel for the parties.
The petitioner has been made accused in connection with Borio P.S. Case No. 209 of 2018 registered under sections 370, 371, 363-A, 120B, 34 of Indian Penal Code.
As per F.I.R, the allegation is that the minor daughter of informant aged about 11 years was allured by Mithu Mohli and Talamay Hansda for getting education in Kerala and to get Rs.5,000/per month and taking in consideration bright future of her daughter they became ready to send her daughter with them. After one month, informant was not apprised about whereabouts and salary of her minor daughter rather it was pretended by petitioner that her daughter is staying in Kerala and at the time of return, dues of salary will be paid. Later on, informant came to know that present petitioner has employed the minor daughter of the informant in Delhi as maid servant and remuneration is also not paid. Thereafter, she was rescued and case was lodged.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all as alleged in the FIR. Petitioner is not named in the F.I.R. and he has no concern with the alleged offence. It is further submitted that nothing wrong was done with her and considerable amount of wages has been paid to victim. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or informant. The petitioner is languishing in judicial custody since 10.02.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.
Learned Addl. P.P. has opposed the prayer for bail of the petitioner and submitted that there is serious and heinous offence
committed by petitioner for kidnapping a minor girl for the purpose of slavery. Hence, the petitioner may not be enlarged on bail.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sahibganj in connection with Borio P.S. Case No. 209 of 2018 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or
informant.
In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether the petitioner, an accused in a case involving kidnapping of a minor for slavery, be released on bail.
Bablu Murmu
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
