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

Ghanshyam 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, Hazaribag, subject to conditions of cooperation with trial and furnishing mobile number and Aadhar Card copy with 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 (Sections 223, 91, 3(5) B.N.S., 2023; Sections 22(2), 23, 23(3) PCPNDT Act, 1994), should be enlarged on bail.

Court's answer

Petitioner directed to be 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, Hazaribag, in connection with Chouparan P.S. Case No.65 of 2025.

Ratio / Principle

Bail granted subject to conditions that the petitioner will cooperate with the trial and furnish his mobile number and photocopy of Aadhar Card in the court below, with an undertaking not to change his mobile number during the trial.

Detailed headnote1 paragraphs

Jharkhand High Court (Ranchi), single Bench (Anil Kumar Choudhary, J.), Order No.02 dated 02-05-2025 in B.A. No.3605 of 2025, Ghanshyam Saw v. The State of Jharkhand. The petitioner, aged about 51 years, was accused in Chouparan P.S. Case No.65 of 2025 registered under Sections 223, 91, 3(5) of the B.N.S., 2023 and Sections 22(2), 23, 23(3) of the PCPNDT Act, 1994, with the allegation that, in furtherance of common intention with co-accused persons, he was involved in revealing the sex of fetus upon secretly getting information after ultrasound diagnosis. Counsel submitted that the petitioner had no concern with the ultrasound diagnostic facility, had no criminal antecedent, had been in custody since 01.03.2025, and that a co-accused with similar allegations had already been admitted to bail vide order dated 28.04.2025 in B.A. No.3292 of 2025. The Addl. P.P. opposed the prayer. Held: the petitioner was 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, Hazaribag, with the conditions that he would cooperate with the trial and furnish his mobile number and a photocopy of his Aadhar Card in the court below with an undertaking not to change his mobile number during the trial.

[2025:JHHC:13284] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3605 of 2025

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Ghanshyam Saw aged about 51 years, son of Balo Saw @ Talo Saw, resident of Tajpur, P.O. & P.S. Chouparan, DistrictHazaribagh, Jharkhand .... .... …. Petitioner

Versus

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

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Md. Zaid Ahmed, Advocate For the State : Mr. Arup Kr. Dey, Addl.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 Section 223, 91, 3(5) of the B.N.S., 2023, Section 22(2), 23, 23(3) of the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused person, was involved in revealing the sex of fetus with the co-accused persons illegally upon secretly getting the information after the ultrasound diagnosis. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has got no concern with the ultrasound diagnostic facility. Drawing attention of this Court towards para-25 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-26 of

the instant bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. 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, Hazaribag 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/