Jharkhand High Court
Shiv Narayan Das And Anr vs The State Of Jharkhand on 10 July, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4419 of 2014
1. Shiv Narayan Das
2. Vishwajit Das ....Petitioners
Versus
The State of Jharkhand ... Opposite Party
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Coram: THE HON'BLE MR JUSTICE P.P. BHATT
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For the Petitioners : Mr. Hemant Kr. Shikarwar, Advocate
For the State : A.P.P.
2/10.07.2014: The present application has been filed under Sections 439 and 440 of the Code of Criminal Procedure seeking regular bail of the petitioners in connection with Ichak P.S. Case No. 63 of 2014, corresponding to G.R. No. 1272/2014 registered for the punishable offence under Sections 341, 323, 325, 307, 379/34 of the Indian Penal Code, now pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.
Heard the learned counsel for the petitioners as well as learned APP and perused the FIR and impugned order along with other materials placed on record.
Learned counsel for the petitioners submitted that the petitioners are innocent persons and have been falsely implicated in the alleged offence only on the basis of enmity. It is further submitted that the injury report shows that the injuries are simple in nature and, therefore, offence under Section 307 will not be attract at the most offence under Section 323 IPC can be made out against the petitioners. It is further submitted that petitioner No. 1 is a retired Army Personnel aged about 65 years. So far as petitioner No. 2 is concerned, there is no direct allegation with regard to Section 307 IPC. It is also submitted that the petitioners are in jail custody since 8.4.14 and they are ready and willing to abide by the conditions, that may be imposed by this Court. It is lastly submitted that investigation is over and chargesheet has been submitted and therefore, now there is no possibility of tampering with the evidence.
Learned A.P.P. appearing on behalf of the State opposed the prayer for bail of the petitioners and submitted that there is prima facie case against the petitioners and therefore, looking to the gravity and accusation of the offence, the petitioners may not be enlarged on regular bail.
Considering the aforesaid rival submissions and having regard to the facts and circumstances of the case, more particularly in view of the fact that investigation is over and chargesheet has been submitted and therefore, now there is no possibility of tampering with the evidence. However, the petitioners, out of whom, one is senior citizen and ex-army man are in jail custody since 8.4.14. Besides this the injury report shows that the injuries are simple in nature. Therefore, the present petitioners deserve to be enlarged on regular bail. Accordingly, the petitioners, named above, are ordered to be released on bail on executing bail bonds of Rs. 10,000/- (Rs. ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Ichak P.S. Case No. 63 of 2014, corresponding to G.R. No. 1272/2014, subject to the following conditions:
1. that applicants shall abide by the conditions of the bond executed under chapter-XXXIII of the Code of Criminal Procedure.
2. that the applicants shall make themselves available for interrogation by a police officer as and when required.
3. that applicants shall not commit an offence similar to the offence of which they are accused.
4. that applicants 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, and
5. that the applicants shall not leave India without the previous permission of the Court.
(P.P. Bhatt, J.) Anu/-.