Ganesh Kumar Saw Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Ganesh Kumar Saw Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Hazaribagh, subject to conditions of cooperating with the trial and furnishing his mobile number and Aadhar Card copy with an undertaking not to change the mobile number during trial.

Issue for consideration

Whether the petitioner, accused in Chouparan P.S. Case No.65 of 2025 (BNS 2023 and PCPNDT Act 1994 offences), should be enlarged on bail.

Court's answer

The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M.-1st Class, Hazaribagh, in connection with Chouparan P.S. Case No.65 of 2025.

Ratio / Principle

Bail is conditioned on the petitioner cooperating with the trial and on furnishing his mobile number and photocopy of the Aadhar Card in the court below, with an undertaking that he will not change his mobile number during the trial.

Detailed headnote1 paragraphs

Bail granted (Anil Kumar Choudhary, J.) — Ganesh Kumar Saw, described by his counsel as a Laboratory Assistant of an Ultrasound Diagnostic Centre allegedly involved in illegal ultrasound diagnosis and sharing of sex-determination results, accused in Chouparan P.S. Case No.65 of 2025 registered under Ss. 223, 91, 3(5) of the B.N.S., 2023 and Ss. 22(2), 23, 23(3) of the PCPNDT Act, 1994; counsel contended no criminal antecedent (para-19 of the bail application), custody since 01.03.2025, and that a co-accused with similar allegations had already been bailed out (order dated 28.04.2025 in B.A. No.3292 of 2025); State opposed. Held: petitioner enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Hazaribagh, conditioned on cooperation with the trial and furnishing of mobile number and photocopy of Aadhar Card with an undertaking not to change the mobile number during trial.

[2025:JHHC:13283] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3378 of 2025

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Ganesh Kumar Saw aged about 33 years, S/O Late Bharat Saw, Resident of village- Baradih, Nagwan, P.O. & P.S. Chouparan, District- Hazaribagh .... .... …. Petitioner

Versus

The State of Jharkhand .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Binod Kr. Dubey, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P

Order No.02 Dated- 02-05-2025

Heard the parties.

The petitioner has been made accused in connection with Chouparan P.S. Case No.65 of 2025 registered under 223, 91, 3(5) of the B.N.S., 2023, Section 22(2), 23, 23(3), of the PCPNDT Act, 1994.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is a Laboratory Assistant of an Ultrasound Diagnostic Centre who was involved in illegal ultrasound diagnosis without any license and was sharing the result of sex determination. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has got nothing to do with the ultrasound diagnostic facility. Drawing attention of this Court towards para19 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 28.04.2025 passed in B.A. No.3292 of 2025. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 01.03.2025 as is evident from para-04 of the instant bail application. Hence it is submitted that the petitioner be released on bail.

Learned Spl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above-named 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 learned J.M.-1^st Class, Hazaribagh in connection with Chouparan P.S. Case No.65 of 2025 with the condition that he will cooperate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case .

(Anil Kumar Choudhary, J . )

Animesh/