Ram Bilas Oraon vs The State Of Jharkhand on 14 November, 2014

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Jharkhand High Court

Ram Bilas Oraon vs The State Of Jharkhand on 14 November, 2014

Bench: H.C. Mishra

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              B.A. No.6841 of 2014

          Ajeet Kumar Singh @ Ajeet Singh                 .....   Petitioner
                                  Versus
          The State of Jharkhand                          ....      Opposite Party

          CORAM:         HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner             :       Mr. Birendra Kumar
          For the State                  :       A. P.P.
                                         -----

2/14.11.2014

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has been made accused for the offence under Sections 355/376/387/420/499/120-B of the Indian Penal Code, Section 67 of Immoral Traffic Act and Section 6 of the Indecent Representation of Women (Prohibition) Act, in connection with Hazaribagh Mahila P.S. Case No.14 of 2011, corresponding to G.R. No.2946 of 2011.

In the FIR, it is alleged that the daughter of the informant was raped and the same was photographed and circulated in the market. In view of the statement of the victim recorded under Section 164 of the Cr.P.C., the earlier bail application of the petitioner was rejected on merits by order dated 1.2.2012 in B.A. No.239 of 2012.

Learned counsel for the petitioner has renewed the prayer for bail submitting that the petitioner is in custody since 8.10.2011 itself and the trial of the case has not yet concluded, even though the witnesses have already been examined and the statement of the accused was recorded under Section 313 of the Cr.P.C. Thereafter, on the application of the prosecution, the case is still pending for further evidence of the prosecution.

From perusal of the impugned order, it appears that the witnesses were examined in this case and thereafter the statement of the accused was recorded on 8.1.2013, the case was heard and the same was fixed for Judgment on 17.12.2013. Thereafter, the prosecution filed application for further evidence in the case, which was allowed by order dated 11.2.2014 and thereafter, the statement of the victim recorded under Section 164 of the Cr.P.C. was proved. The impugned order also shows that the computer and the hard disc seized in connection with the case were sent to FSL, from where, the report was also received on 5.3.2014, but on 14.5.2014, on an application filed by the prosecution, the material exhibits and the report of the FSL have been returned back to the police and the case is still pending for further evidence.

In the facts and circumstances of the case, since delay is being caused in the trial by the prosecution, I am inclined to release the petitioner on bail. Accordingly, the petitioner Ajeet Kumar Singh @ Ajeet Singh is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge, 7 th Hazaribagh, in connection with Hazaribagh Mahila P.S. Case No.14 of 2011, corresponding to G.R. No.2946 of 2011, S.T. No.205 of 2012.

(H. C. Mishra, J) R.Kumar

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Jharkhand High Court