Sujeet Kumar Choudhary Alias Sujit Kumar Chaudhary Vs the State of Jharkhand

The petitioner has been made an accused in connection with Dhanwar P.S Case No. 189 of 2023 registered for the offences under Sections 302/201/34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate 1^st Class, Giridih.

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As per FIR, it is alleged that on 15.08.2023, informant’s husband received a phone call about a wiring job at a house in Village Kripalpur and went there with Jai Kumar Rabidas. Later, they were informed by Shyam Mistri that her husband was being assaulted in Village Naktitand. Upon arrival, they found him dead, marks of assault with sharp weapons near his neck. Informant alleged that her husband was previously threatened by the petitioner, who she believes is responsible for the murder.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only on the basis of confessional statement of co-accused namely Punit Kumar Rai @ Punit Kumar Roy who has been granted regular bail by the Co-ordinate Bench of this Court passed in B.A No.4025 of 2024 vide order dated 17.05.2024. The sole eye witness Jay Kumar Das, who has stated about the involvement of petitioner has been declared hostile during trial of the case. The petitioner is languishing in Judicial Custody since 17.08.2023 without any rhymes and reasons. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and

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shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.

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On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner and submitted that during investigation one of the eye witnesses Jay Kumar Das has stated about the involvement of the present petitioner in the alleged offence of murder along with other co-accused persons. After investigation charge-sheet has also been submitted against the petitioner. Hence, petitioner does not deserve bail.

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It appears that trial has commenced and two witnesses have been examined P.W.-1 Jay Kumar Das and P.W.-2 Vijay Kumar, who have been declared hostile by the prosecution and not supported the prosecution story. The very basis of acquisition of present petitioner on the testimony Jay Kumar Das who has claimed himself to be eye witness, during investigation. Other witnesses have to be examined in this case. Petitioner is in custody since 17.08.2023. Other co-accused namely Punit Kumar Rai @ Punit Kumar Roy has been granted bail by the Co-ordinate Bench of this Court.

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Under such circumstances, I am inclined to admit the petitioner on regular bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Giridih in connection with Dhanwar P.S Case No. 189 of 2023 subject to the conditions:-

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(1) Petitioner 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) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

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(3) Petitioner 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 conditions, the bail of the petitioner 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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Sachin

Sujeet Kumar Choudhary Alias Sujit Kumar Chaudhary v. the State of Jharkhand

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Sujeet Kumar Choudhary Alias Sujit Kumar Chaudhary v. the State of Jharkhand

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