Tetar Ganjhu Vs the State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioners : Mr. Rishi Pallava, Advocate Mr. Shubham Kumar, Advocate (B.A. No. 2515 of 2024) Mr. Rajesh Kr. Singh, Advocate (B.A. No. 2387 of 2024 & B.A. No. 2389 of 2024) Ms. Jyoti Nayan, Advocate ( B.A. No. 2642 of 2024) (B.A. No. 2655 of 2024) For the State : Mr. V.S. Sahay, A.P.P. (B.A. No. 2515 of 2024) Md. Fahad Allam, A.P.P. (B.A. No. 2387 of 2024) Mr. Rakesh Kr. Sinha, A.P.P. (B.A. No. 2389 of 2024)

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Mr Praful Jojo, A.P.P ( B.A. No. 2642 of 2024) Mr. Suraj Deo Munda, A.P.P (B.A. No. 2655 of 2024)

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Order No.03/ Dated:14.06.2024

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Heard learned counsel for the parties.

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The petitioners have been made an accused in connection with Sadar P.S. Case No. 187 of 2023 (S.T. No. 478 of 2023), registered for the offence under Section 341/ 342/ 323/ 327/ 325/ 307/ 302/ 201/ 120B/ 34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge-II, Chatra.

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As per FIR, allegation is that accused persons have caught a loving couple and had assaulted them in which the lady died.

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Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all as alleged in the FIR. It is submitted that earlier bail of the petitioners was permitted to be withdrawn by the petitioners on 10.01.2024 since then two witnesses have been examined and trial is in progress. It is further submitted that other Co-accused persons, namely, Mahesh Ganjhu has been granted regular bail by the Co-ordinate Bench of this Court in B.A. No.11297 of 2023 vide order dated 07th February, 2024. The petitioners are languishing in Judicial custody since 06.07.2023 & 04.07.2022 without rhymes and reasons. Petitioners undertake to co-operate in the trial of the case by remaining physically present on each and every date and shall abide all terms and conditions which may be imposed and shall not not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioners may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioners and submitted it is a case of murder and there are specific overt act against the petitioners for causing murder of the deceased by tying her through rope and brutally assaulting, hence, they do not deserve bail.

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Considering the facts and circumstances of the case and nature of allegation coupled with materials available on record against petitioners, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Chatra in connection with Sadar P.S. Case No. 187 of 2023 (S.T. No. 478 of 2023) subject to the conditions:-

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(1) Petitioners shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court.

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(2) Petitioners shall not indulge in any or other similar offence till the conclusion of the trial.

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(3) Petitioners shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid condition the bail of the petitioners shall be cancelled and shall be taken into custody by the learned trial court itself.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Tetar Ganjhu v. the State of Jharkhand

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Tetar Ganjhu v. the State of Jharkhand

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