Badal Turi Alias Chhotan Turi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Badal Turi Alias Chhotan Turi Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in connection with Barkagaon P.S. Case No. 317 of 2022 on furnishing bail bond of Rs. 25,000 with two sureties of the like amount each, subject to cooperation in the pending criminal proceeding and presence on every trial date, failing which the trial court may cancel the bail as per law.

Issue for consideration

Whether the petitioner, an accused in Barkagaon P.S. Case No. 317 of 2022 (Sections 385, 387, 34 IPC; Section 27 Arms Act), should be enlarged on bail.

Court's answer

The petitioner is directed to be enlarged on bail in connection with Barkagaon P.S. Case No. 317 of 2022 on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of the Court of Learned J.M. 1st Class, Hazaribagh.

Ratio / Principle

The bail is subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and will remain present on each and every date of the criminal trial as and when required.

Key takeaways

On failure to comply with the conditions, the learned Court below is empowered to pass an appropriate order for cancellation of the bail as per the provision of law.ratio¶16

Detailed headnote1 paragraphs

BAIL GRANTED (regular bail): High Court of Jharkhand, Ranchi (Navneet Kumar, J.), Order No. 04 dated 23.08.2024 in B.A. No. 3969 of 2024 — Badal Turi @ Chhotan Turi v. State of Jharkhand. Petitioner, accused in Barkagaon P.S. Case No. 317 of 2022 under Sections 385, 387, 34 IPC and Section 27 Arms Act, pending before J.M. 1st Class, Hazaribagh, alleged (with two unknown persons) of demanding levy at a Deoghar worksite on 25.12.2022, opening fire from a white pistol and threatening the informant to meet Diwarkar Jee and pay levy, was directed to be enlarged on bail on a bail bond of Rs. 25,000 with two like sureties. Considerations before the Court: petitioner not named in the F.I.R. (allegations general and omnibus; name surfaced via co-accused Bablu Turi's confessional statement); Bablu Turi (B.A. No. 10077 of 2023, dt. 20.12.2023) and similarly situated Raj Kishore Mahto (B.A. No. 9440 of 2023, dt. 29.11.2023) already enlarged on bail by the co-ordinate bench; charge framed 15.06.2024; petitioner in custody since 14.07.2023; State pleaded criminal history but did not deny Bablu Turi's release. Bail conditional on cooperation and presence on each trial date; on default the trial court may cancel the bail as per law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3969 of 2024

Badal Turi @ Chhotan Turi, S/o Late Kinu Turi aged about 44 years, sexmale, R/o Village – Laladhauda Khalari, P.O. + P.S.-Khalari, DistrictRanchi, Jharkhand ... … Petitioner

Versus

The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

-----For the Petitioner : Mrs. Sonali Bhattacharjee, Advocate Mr. Aman Kr. Rahul, Advocate Mr. Anant Vikram, Advocate Mr. Sachin Kr. Verma, Advocate For the State : Mrs. Bandana Sinha, A.P.P. --------

Order No. 04 / Dated 23^rd August, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is an accused in connection with Barkagaon P.S. Case No. 317 of 2022, registered under Sections 385, 387, 34 of the Indian Penal Code and 27 of Arms Act, pending in the Court of Learned J.M. 1^st Class, Hazaribagh.

The allegation against the petitioner is that on 25.12.2022 at about 11:30 A.M. two unknown persons came to the worksite of the informant at Deoghar and demanded levy from him. They also opened fire from white pistol and threatened him to meet Diwarkar Jee and pay levy and without paying the levy, they should not continue with the construction work.

At the outset, it is submitted on behalf of the petitioner that he is not named in the F.I.R. and the entire allegations are general and omnibus in nature and his name has appeared in this case on the basis of confessional statement of Bablu Turi who is said to have been enlarged on bail vide B.A. No. 10077 of 2023 dated 20.12.2023 by the co-ordinate bench of this Court. It is also submitted that charge in this case has been framed on 15.06.2024 and the petitioner is in custody since 14.07.2023. Further it has also been submitted that similarly situated person namely Raj Kishore Mahto is also

said to have been enlarged on bail vide B.A. No. 9440 of 2023 dated 29.11.2023 and therefore this petitioner also deserves to be enlarged on bail.

On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that the petitioner has criminal history but did not deny this fact that co-accused person namely Bablu Turi on whose confessional statement the name of this petitioner has appeared in this case has been enlarged on bail by the co-ordinate bench of this Court.

Having heard the parties, perused the records of this case.

In the light of the submissions advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned J.M. 1st Class, Hazaribagh, in connection with Barkagaon P.S. Case No. 317 of 2022, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

(Navneet Kumar, J.)

Basant/S. Das

2 B.A. No.3969 of 2024