Allowed

Sandeep Oraon v. the State of Jharkhand

Jharkhand HC25 Jun 2024B.A./3766/2024

Case brief

AI extract

What is this about?

Petitioners, accused in a serious property offence and witchcraft case underway in Sessions Court, were in judicial custody without rhyme or reason. The High Court allowed their bail applications, directing release upon furnishing of bond and sureties to ensure trial attendance and non-interference with witnesses.

What did the court decide?

Petitioners directed to be released on bail by furnishing a bail bond of Rs. 25,000 each with two sureties of the like amount each to the satisfaction of the learned trial court.

Sandeep Oraon Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3766 of 2024

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Sandeep Oraon …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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With

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B.A. No. 4196 of 2024

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Jattu Oraon …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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----- For the Petitioner : Mr. Ritesh Kumar, Advocate Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. Mr. Vishwanath Roy, Advocate

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Order No.05/ Dated:25.06.2024

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Heard learned counsel for the parties.

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The petitioners have been made an accused in connection with S.T Case No.335 of 2023 arising out of Sisai P.S. Case No.66 of 2023, corresponding to G.R No.612 of 2023, registered for the offence under Sections 147, 148, 149, 448, 457, 504, 506, 323, 354A, 307, 341, 342, 302 & 509 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 2001, pending in the court of learned Additional Sessions Judge-I, Gumla.

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As per FIR, allegation is that accused persons appeared in front of house of the informant and started alleging the elder sister of informant as daain. It is further alleged that accused persons came again armed with lathi, danda, axe, etc and started badly assaulting the elder sister of informant Sabita Kumari.

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Learned counsel for the petitioner has submitted that petitioners are innocent and have committed no offence at all as alleged in the FIR

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rather they have been falsely implicated in this case. It is submitted that petitioners have no concern with the alleged offence and nothing has been recovered from the possession of the petitioners. The petitioners are languishing in Judicial custody since 26.06.2023 and 30.03.2024 without any rhymes and reasons. Petitioners undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall 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 that there are sufficient materials against the petitioners showing their involvement in the present case, hence they do not deserve bail.

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Regard being had to the facts and circumstances of the case and nature of allegation coupled with materials available 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-I, Gumla in connection with S.T Case No.335 of 2023 arising out of Sisai P.S. Case No.66 of 2023, corresponding to G.R No.612 of 2023 subject to the conditions:-

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(1) Petitioners shall remain physically present on each and

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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

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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/

Sandeep Oraon v. the State of Jharkhand

Case brief

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Sandeep Oraon v. the State of Jharkhand

Case brief

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