Petitioner, accused in alleged suicide abetting, sought bail after two prior rejections. Court ordered release on bail after considering custody period and lack of insurmountable ground. Bail bond of Rs. 10,000 with two sureties ordered.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3415 of 2023
Kirtan Rai … … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. Sabyasanchi, Advocate For the Opposite Party : Mr. V. S. Sahay, A.P.P. ---
4/10.05.2023 Heard the parties.
Defects as pointed out by the office are ignored.
The petitioner is an accused in connection with S. T. No. 14 of 2020 arising out of Borio P.S. Case No. 438 of 2019 corresponding to G. R. No. 387 of 2019.
The prayer for bail of the petitioner was earlier rejected twice in B.A. Nos. 2796 of 2020 and 3606 of 2021.
Submission has been advanced by the learned counsel for the petitioner that petitioner is in custody since 07.10.2019. It has further been submitted that out of 8 charge-sheeted witnesses, only 3 witnesses have been examined so far. He further submits that the wife of the petitioner has committed suicide by consuming pesticide. The petitioner has been implicated on account of abetting commission of suicide being the husband of the deceased.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the period of custody undergone by the petitioner and there being no chance of trial being concluded in the near future, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge I, Sahibganj in connection with S. T. No. 14 of 2020 arising out of Borio P.S. Case No. 438 of 2019 corresponding to G. R. No. 387 of 2019.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
2 issues framed by the court
Whether the petitioner, who has been in custody since 07.10.2019, should be released on bail considering the prolonged custody and lack of trial conclusion.
Whether the evidence recorded against the petitioner is sufficient to deny bail.
Colour shows how this judgement treated each authority
R. Shekhar Cp 3Referred
R. Shekhar Cp 3
Kirtan Rai
State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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