Durga Prasad Saw Vs the State of Jharkhand

04/07.03.2024: The learned counsel for the petitioner has tendered certified copy of the depositional statement of PW-1, PW-2, and PW-3, which is taken on record.

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Heard both the counsels.

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The learned counsel for the petitioner has submitted that the petitioner is in custody since 14.06.2023. The learned counsel has further submitted that earlier prayer for bail of the petitioner was rejected by this Court in BA No. 7059 of 2023 vide order dated 05.10.2023 and, therefore, the petitioner has spent further period in custody. The learned counsel has further submitted that after rejection charge has been framed on 20.10.2023. The learned counsel has further submitted that PW-1, PW-2, and PW-3 are material witnesses, who were present at the time of occurrence. PW-1 has deposed that he has no knowledge about the occurrence and that he has not identified this petitioner in Court. The learned counsel has further submitted that evidence of PW-2 is also in a similar way and apart from that he has been declared hostile and the evidence of PW-3 is nothing adverse against this petitioner. The learned counsel has further submitted that there is no direct allegation against this petitioner. Therefore, the petitioner may be granted privilege of bail.

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Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that the offence under section 307 of the Indian Penal Code was committed and that there were grievous injuries on the body of the person injured.

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Having gone through the records of the case and arguments in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Dhanbad, in connection with Barwadda PS Case No. 79 of 2023, corresponding to ST Case No. 830 of 2023, subject to the conditions that (i) the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his

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mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court (ii) the petitioner shall also remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below and (iii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve month, failing which his bail bonds shall be cancelled. Any exception 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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S.B.

Durga Prasad Saw v. the State of Jharkhand

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Durga Prasad Saw v. the State of Jharkhand

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