Rajendra Nag Alias Rajendra Munda Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Rajendra Nag Alias Rajendra Munda Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed: bail-refusal order dated 11.07.2025 (M.C.A. No. 938 of 2025) set aside; appellant ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, conditioned on physically appearing before the learned trial court on each and every date till conclusion of trial.

Issue for consideration

Whether the appellant, in custody since 02.03.2020, implicated merely on the basis of suspicion in an extremist-firing case with a slow-moving trial (only one witness examined), should be released on bail despite rejection of his bail prayer by the learned Additional Sessions Judge-I.

Court's answer

Regard being had to the period of custody undergone by the appellant and the fact that he was implicated merely on the basis of suspicion, the Court set aside the order dated 11.07.2025 passed by the learned Additional Sessions Judge-I, Camp Court at Chakradharpur, in M.C.A. No. 938 of 2025.

Ratio / Principle

The appellant was directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge I, West Singhbhum at Chakradharpur, Chaibasa, in connection with S.T. No. 455 of 2023 arising out of Jaraikela P.S. Case No. 9 of 2010.

Key takeaways

The release on bail was made subject to the condition that the appellant shall physically appear before the learned trial court on each and every date till the conclusion of the trial.ratio¶19

Detailed headnote1 paragraphs

CRIMINAL APPEAL (D.B.) — BAIL GRANTED. The appellant, implicated in Jaraikela P.S. Case No. 9 of 2010 (S.T. No. 455 of 2023) concerning an alleged exchange of firing between extremists and police personnel in which three police personnel died, and alleged to have been the trainer for the extremist group, was in custody since 02.03.2020; some co-accused had already been acquitted by the learned trial court and only one witness had been examined so far by the prosecution. Regard being had to the period of custody undergone and to the fact that the appellant was implicated merely on the basis of suspicion, the Division Bench set aside the order dated 11.07.2025 of the learned Additional Sessions Judge-I, Camp Court at Chakradharpur (M.C.A. No. 938 of 2025) rejecting his prayer for bail, and directed his release on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to the condition that he shall physically appear before the learned trial court on each and every date till the conclusion of the trial. Appeal allowed.

Neutral Citation No. ( 2025:JHHC:27906-DB )

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 947 of 2025

Rajendra Nag @ Rajendra Munda son of late Mora Munda, resident of Kododih Kiriburu, PO & PS Kiriburu, District Singhbhum (West)

… … Appellant

Versus

The State of Jharkhand … … Respondent

CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

--For the Appellant : Mr. Arun Kumar, Advocate For the Respondent : Mrs. Vandana Bharti, A.P.P.

4/12.09.2025 Heard Mr. Arun Kumar, learned counsel appearing for the appellant and Mrs. Vandana Bharti, learned A.P.P. appearing for the State.

This appeal is directed against the order dated 11.07.2025 passed by the learned Additional Sessions Judge -I Camp Court at Chakradharpur in M.C.A. No. 938 of 2025 arising out of Jaraikela P. S. Case No. 9 of 2010 corresponding to S. T. No. 455 of 2023 whereby and whereunder the prayer for bail of the appellant has been rejected.

It has been alleged that there was an exchange of firing between the extremists and the police personnel as a result of which three police personnel have died.

Submission has been advanced by the learned counsel for the appellant that the appellant was the trainer for the extremists group. It has further been submitted that he is in custody since 02.03.2020 and some of the co-accused persons have already been acquitted by the learned trial court. He has further submitted that only one witness has been examined so far by the prosecution.

Learned A.P.P. for the State has opposed the prayer for bail of the appellant.

Regard being had to the period of custody undergone by the appellant and the fact that he has been implicated merely on the basis of

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suspicion, we while setting aside the order dated 11.07.2025 passed by the learned Additional Sessions Judge -I Camp Court at Chakradharpur in M.C.A. No. 938 of 2025, direct that the appellant above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge I, West Singhbhum at Chakradharpur, Chaibasa in connection with S. T. No. 455 of 2023 arising out of Jaraikela P. S. Case No. 9 of 2010, subject to the condition that he shall physically appear before the learned trial court on each and every date till the conclusion of the trial.

This appeal is allowed.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.)

R. Shekhar Cp 3