Gautam Kumar Saha Vs the State of Jharkhand

The learned counsel for the petitioner submits that as per the allegations one Champa Devi had invited Shubham Kumar Saha to her house for dinner, thereafter, her husband came and took out a knife and tried to castrate Shubham Kumar Saha. The medical injury report also suggests injury on the private parts of the victim. The counsel further submits that the allegations has to be seen in the light of the prior case that has been alleged by Champa Devi herself in Radhanagar P.S. Case No. 01 of 2024 which is lodged prior to this current case, and also in that case lodged by Champa Devi allegation was made against Shubham Kumar Saha and it seems that the alleged case by the informant thus, is a counter case only to mitigate the earlier case. Further, from para 58 of the case-diary it is evident that the allegation of assault are similar against both Champa Devi as well as this petitioner and Champa Devi had already been granted the privilege of anticipatory bail vide order dated 20.06.2024 passed in ABA No. 2469 of 2024. Also, one of the petitioner namely, Shiv Shankar Saha has been granted the privilege of anticipatory bail vide same order dated 20.06.2024 passed in ABA No. 2469 of 2024. Moreover, the petitioner is in custody since 04.01.2024 and therefore, for the grant of regular bail, the aforesaid circumstances may be considered.

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Learned counsel for the State has vehemently opposed the prayer for bail of the petitioner and submitted that serious allegations of assault has been made against the petitioner and also serious injuries have been brought on the private part of the person injured.

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Having heard learned counsels for the parties and in the facts and circumstances on record, and the cited anticipatory bail orders, the petitioner, named above, is ordered to be released on bail on executing bail bond of Rs.

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25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Rajmahal, in connection with Radhanagar P.S. Case No. 02 of 2024 subject to the conditions that:-

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i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below and

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ii) the petitioner shall submit self-attested photocopy of his Aadhaar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court

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iii) the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non-appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

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(Ratnaker Bhengra, J.)

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Abha

Gautam Kumar Saha v. the State of Jharkhand

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Gautam Kumar Saha v. the State of Jharkhand

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