Gajan Kumar Das Vs the State of Jharkhand

For the Petitioners : Mr. Kamdeo Pandey, Adv. (B.A. No.4232 of 2024 & B.A. No. 4233 of 2024) : Mr. Yash Vardhan, Adv. (B.A. No.3326 of 2024) For the State : Mr. Someshwar Roy, A.P.P. (B.A. No.4232 of 2024) : Mr. Fahad Allam, A.P.P. (B.A. No. 3326 of 2024) : Mr. Subodh Kumar Dubey, A.P.P. (B.A. No. 4233 of 2024)

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Order No.06 /Dated- 03.07.2024

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Heard learned counsel for the parties.

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2 . The petitioners have been made accused in connection with Bengabad P.S. Case No. 232 of 2023 corresponding to G.R. No. 189 of 2024 registered for offences under Sections 341, 323, 324, 325, 307, 504, 506/34, 302 of the I.P.C. , but cognizance has taken under Sections 147, 341, 323, 324, 325, 326, 307, 302, 504, 506 read with Section 149 of the I.P.C. pending in the Court of Learned C.J.M., Giridih.

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As per F.I.R., on 23.10.2023 at about 07.00 PM, accused persons were taking liquor and smoking near the house of the informant. When the informant objected for the same, they started abusing the informant and

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assaulted him badly, and when the niece of the informant came to save the informant, accused persons started beating them badly with tangi and sword.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and has committed no offence at all rather they have been falsely implicated in this case. Both the parties are gotia (agnates) having previous inimical terms. The petitioners are languishing in jail since 30.10.2023 and 03.11.2023 without any rhymes and reasons. Petitioners undertake to co-operate with the trial of the case and to remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. Hence the petitioners may be enlarged on bail.

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Learned Addl. P.P. has vehemently opposed the prayer for bail of the petitioners. Hence, petitioners do not deserve to be enlarged on bail.

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Considering the facts and circumstances of this case, nature of allegation against petitioners coupled with materials available on record and period of custody of the petitioners, I am inclined to release the abovenamed petitioners, on bail. Accordingly, the petitioners named above, is directed to be released 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 Learned C.J.M., Giridih in connection with Bengabad P.S. Case No. 232 of 2023 corresponding to G.R. No. 189 of 2024 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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(Pradeep Kumar Srivastava, J.)

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Amar/-

Gajan Kumar Das v. the State of Jharkhand

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Gajan Kumar Das v. the State of Jharkhand

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