Manoj Tirkey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Manoj Tirkey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Ranchi, in connection with Sukhdeonagar P.S. Case No. 154 of 2023 (S.T. No. 506 of 2023), subject to conditions of appearance on every trial date, non-threatening of witnesses, cooperation in trial, submission of Aadhar Card photocopy and an active mobile number, with liberty to the trial court to cancel bail on any adverse report.

Issue for consideration

Whether the petitioner, in custody since 10.05.2023 with the charge framed in September 2023 and only two hearsay witnesses examined so far, should be enlarged on regular bail in connection with Sukhdeonagar P.S. Case No. 154 of 2023 (S.T. No. 506 of 2023).

Court's answer

Regular bail granted: with the charge framed in September 2023 and only two witnesses (both hearsay) examined, there is no likelihood of early conclusion of trial, and the Court is inclined to enlarge the petitioner on bail.

Ratio / Principle

Release on bail is made subject to conditions: the petitioner shall appear on each and every date of trial, shall not threaten any witnesses, shall cooperate in trial, shall furnish photocopy of Aadhar Card and keep an active mobile number before the court below, failing which or on any adverse report the learned trial court shall be at liberty to cancel the bail.

Detailed headnote1 paragraphs

Bail Application (Jharkhand) — Regular bail granted where charge stood framed in September 2023 but only two prosecution witnesses, both hearsay, had been examined, giving rise to no likelihood of early conclusion of trial; petitioner in custody since 10.05.2023, allegedly detained on the basis of an uncorroborated confessional statement. Offences alleged: Sections 452, 341, 323, 325, 307, 427, 506, 34 IPC in Sukhdeonagar P.S. Case No. 154 of 2023 (S.T. No. 506 of 2023) pending before learned Additional District and Sessions Judge-II, Ranchi. Release ordered on bail bond of Rs. 10,000/- with two sureties of like amount each, subject to conditions of periodic appearance, non-threatening of witnesses, cooperation in trial, submission of Aadhar Card copy and maintenance of an active mobile number; trial court empowered to cancel bail on any adverse report. (Deepak Roshan, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 4642 of 2024

Manoj Tirkey, aged about 29 years, S/o Mangra Tirkey, Resident of Fuchunga Kocha, Shashtri Chowk, P.O.-Mandar, P.S.-Mandar, Dist.Ranchi ...Petitioner

Versus The State of Jharkhand --Opposite party

CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr.Radhy Shyam, Advocate For the State : Mr. Suraj Deo Munda, A.P.P.

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07/13.09.2024 Heard learned counsel for the petitioner and learned

A.P.P.

The petitioner has approached this Court for grant of regular bail in connection with Sukhdeonagar P.S. Case No. 154 of 2023, (S.T. No. 506 of 2023), registered for the offence under Sections 452, 341, 323, 325, 307, 427, 506, 34 of the Indian Penal Code, pending in the Court of learned Additional District and Sessions Judge-II, Ranchi.

Learned counsel for the petitioner submits that the charge has been framed way back on 29.09.2023; however till date only two witnesses have been examined on behalf of prosecution and both are hearsay witnesses. He further submits a counter affidavit has been filed in this case indicating that the petitioner has been taken in custody only on the basis of confessional statement made by him and whether the same has been corroborated has not yet been proved and for no offence the petitioner is lying in custody since 10.05.2023.

Learned counsel further submits that it is a specific case of the petitioner that even admitting the entire allegation, no case under Section 304A of I.P.C is made out. 4. Learned A.P.P opposed the prayer for bail of the petitioner.

Having regard to the aforesaid facts and submission made learned counsel for the parties, coupled with the fact that the charge has been framed in the month of

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September, 2023, but till date only two witnesses have been examined; as such there is no likelihood for early conclusion of trial and the fact that two witnesses have turned to be hearsay witnesses, I am inclined to enlarge the petitioner on bail. Accordingly, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Ranchi, in connection with Sukhdeonagar P.S. Case No. 154 of 2023, (S.T. No. 506 of 2023).

It is made clear that during trial the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall cooperate in trial. Further the petitioner will submit photocopy of his Aadhar Card and mobile number before the court below which he will always keep active and will not change and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner.

(Deepak Roshan, J.)

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