Jharkhand High Court
Fuleshwar Kumar Mahto @ Fuleshwar Mahto ... vs The State Of Jharkhand .... .... ... on 14 July, 2023
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5426 of 2023
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Fuleshwar Kumar Mahto @ Fuleshwar Mahto @ Fantus Mahto .... .... Petitioner(s)/Applicant(s) Versus The State of Jharkhand .... .... Opposite Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner(s)/Applicant(s) : Mr. Lukesh Kumar, Adv.
For the State : Mrs. Shweta Singh, A.P.P.
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02/Dated: 14th July, 2023
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant who is in custody since 24.09.2022 has approached this Court for grant of regular bail in connection with Godda Nagar P.S. Case No.260 of 2022 corresponding to G.R. Case No.1641 of 2022 (Special Pocso Case No.84 of 2022), registered for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302, 504 and 506 of the Indian Penal Code and under Section 12 of the POCSO Act, pending in the court of the learned Special Judge (POCSO), Godda.
3. It appears that earlier the prayer for bail of the applicant has been rejected vide order dated 29.03.2023 passed in B.A. No.23 of 2023. The applicant is accused of committing murder.
4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. Further, it has been submitted that FIR is against 13 named accused and one unknown person. There is general and omnibus allegation and this applicant has been roped in this case on the basis of Section 149 IPC. Charge has already been framed. On the above basis, prayer for bail has been made.
6. Learned counsel for the State has opposed the prayer for bail.
7. Considering the fact that charge has already been framed, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Godda in connection with Godda Nagar P.S. Case No.260 of 2022 corresponding to G.R. Case No.1641 of 2022 (Special Pocso Case No.84 of 2022), subject to condition that the applicant(s) will submit self-attested photocopy/photocopies of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.) Amar/-