Jharkhand High Court
Dipak Mandal Alias Dipak Kumar Mandal vs The State Of Jharkhand on 23 September, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND, RANCHI
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B.A. No. 6099 of 2014
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Dipak Mandal @ Dipak Kumar Mandal
....... ....... .......... Petitioner
-- Versus --
The State of Jharkhand ..... .......... Opposite Party
CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
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For the Petitioner :- Mr. S.P.Roy Advocate
For the State :- A.P.P.
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2/023.09.2014The present application is filed under sections 439 and 440 of the Code of Criminal Procedure 1973, seeking regular bail in connection with Godda(M) P.S Case No.784 of 2013 corresponding to G.R. No.2380 of 2013 for the alleged offence punishable under sections 341/452/323/324/307/427/354/379/504/34 of the Indian Penal Code and sections 3/4 of the Prevention of With(Daain)Practices Act, now pending in the court of learned Chief Judicial Magistrate, Godda.
Heard the learned counsel for the petitioner, learned A.P.P. for the State as also learned counsel for the informant and perused the materials placed on record.
Learned counsel for the petitioner has submitted that the petitioner is an innocent person and has been falsely implicated in the alleged crime. Learned counsel by referring annexrue-2 pointed out that FIR has been instituted against the informant,namely Arun Mandal in respect of the occurrence which took place at 4 p.m. in Godda(M) P.S.Case No. 783 of 2013 on14.12.2013 for the offence punishable under sections 341/323/307/504 and subsequently under Section 302 of the Indian Penal Code was also added,whereby mother of the informant was assaulted by Arun Mandal and others and on account of injuries received by her, she died later on in the hospital. It is also submitted that as a counter blast another FIR was lodged being Godda(M) P.S.Case No. 784 of 2013 by the informant Arun Kumar Mandal, who was an accused in Godda(M) P.S.Case No. 783 of 2013.It is submitted that as per said FIR, role played by the present petitioner is limited to the extent that he was having Rod and blow was given on the head of the informant. In this context,learned counsel for the petitioner by referring paragraph-41 of the case diary pointed out that the injury nos 1,2 and 3 are simple in nature and injury no.1 relates to the head injury. It is submitted that infact, petitioner and other relatives have also sustained injuries in an incident which took place at 4 p.m. On 14.12.2013 for which FIR has been instituted vide Godda(M) P.S.Casse No. 783 of 2013 and accused Arun Mandal was arrested in connection with the said FIR. It is further submitted that false and fabricated FIR has been instituted against the present petitioner and other relatives so as to cause undue harassment. It is lastly submitted that petitioner is ready and willing to abide by conditions that may be imposed by this court and therefore, petitioner may be enlarged on regular bail.
The learned A.P.P. for the State opposed the bail but has not disputed the fact regarding the role described in the FIR as also the nature of the injuries sustained on the head of the informant which is simple in nature.
Learned counsel for the informant also opposed the bail application and submitted that present petitioner is named in the FIR with specific role and looking to the gravity of the offence as alleged against him, the petitioner may not be enlarged on regular bail..
Considering the aforesaid rival submissions and having regard to the facts and circumstances of the present case and more particularly looking to the nature and gravity of the accusation made against this petitioner , this court is of the view that the bail application of the present petitioner deserves to be allowed by imposing the appropriate condition that may be imposed by this court and accordingly, the petitioner, namely Dipak Mandal @ Dipak Kumar Mandal is directed to be released on bail, on executing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Godda subject to the following conditions:
1. that applicant shall abide by the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure.
2. that applicant shall make himself available for interrogation by a police officer as and when required.
3. that applicant shall not commit any offence similar to the offence of which he is accused
4. that applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
5. that the applicant shall not leave India without the previous permission of the Court, (P.P. BHATT, J.) SD/