Jharkhand High Court
Anand Munda @ Raja vs The State Of Jharkhand ... Opposite ... on 26 February, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1884 of 2021
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1. Anand Munda @ Raja
2. Raj Kumar Munda ... Petitioners Versus The State of Jharkhand ... Opposite Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Sabyasanchi, Adv.
For the State : Mr. Tarun Kr., Addl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
The petitioners have been made accused in connection with Tamar P.S. Case No.35 of 2020 (S.T. No.291 of 2020) registered under Section 364 of the Indian Penal Code.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners, along with the co- accused persons, abducted and killed one Guruwari Kumari. It is submitted that the allegation against the petitioners is false. It is next submitted that though the petitioners are not named in the F.I.R. yet they have been implicated in this case only on the basis of the confessional statement of the co-accused Ranjit Pahan. It is also submitted that charge-sheet has also been submitted in this case. It is then submitted that the petitioners undertake to co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 03.07.2020 which is evident from para-13 of the instant bail application. Hence it is submitted that the petitioners be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XXII, Ranchi in connection with Tamar P.S. Case No.35 of 2020 (S.T. No.291 of 2020) with the condition that they will co-operate with the trial of the case.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1892 of 2021
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Shamshad Ansari ... Petitioner
Versus
1. The State of Jharkhand
2. Janki Devi ... Opposite Parties
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Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Jawed Sultan, Adv.
For the State : Ms. P. Shrestha, Addl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Special POCSO Case No.102 of 2019 arising out of Balidih P.S. Case No.164 of 2019 registered under Sections 363, 366A, 376 (2) of the Indian Penal Code and Section 6 of POCSO Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed rape upon a minor victim girl after enticing her away with an intention to marry her. It is submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner has remained in custody for a considerable period of time. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that the victim, in her statement recorded under Section 164 Cr.P.C., has supported the case of the prosecution. Hence, there is every chance of the petitioner absconding, if released on bail. Hence, in view of serious nature of allegation against the petitioner, the petitioner ought not to be released on bail.
Considering the serious nature of allegation against the petitioner, this Court is of the considered view that this is not a fit case where the petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected. Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order in administrative side of this court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the precautions relating to COVID- 19 pandemic.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1891 of 2021
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Sanika Hassa @ Pitru Hassa ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Ritesh Kr., Adv.
For the State : Mr. S. K. Jha, Addl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Khunti P.S. Case No.99 of 2020 registered under Sections 302, 201, 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed the murder of brother of the informant namely Ramjiv Munda. It is submitted that the allegation against the petitioner is false. It is next submitted that though the petitioner is not named in the F.I.R. yet without putting him on T.I.P., charge-sheet has been submitted against him. It is further submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 22.02.2021 passed in B.A. No.1423 of 2021. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 01.10.2020 which is evident from para-14 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate at Khunti in connection with Khunti P.S. Case No.99 of 2020 with the condition that he will co-operate with the trial of the case.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1883 of 2021
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Paulus Marandi ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. R. S. Mazumdar, Sr. Adv.
For the State : Mr. Azeemuddin, Addl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
Learned senior counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned senior counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Dumka Ramgarh P.S. Case No.126 of 2020 (POCSO Act Case No.37 of 2020) registered under Sections 376(D)/302/201 of the Indian Penal Code and under Section 8/12 of POCSO Act, 2012.
Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons has committed gang rape upon the minor victim girl. It is submitted that the allegation against the petitioner is false. It is further submitted that there is no eye-witness to the occurrence and the witness Vikky Kumar who saw the deceased standing with three persons, has named only Kailash Sinduriya of Khetauri Tola. It is further submitted that the report submitted that the State Forensic Science Laboratory (S.F.S.L.), Jharkhand shows that though multiple semen profiles have been found on the different attires of the victim yet the DNA profile extracted from the blood/urethral swab of the petitioner does not match and this goes to show that the petitioner has been falsely implicated merely on the basis of suspicion. It is also submitted that charge-sheet has already been submitted in this case. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 20.10.2020 which is evident from para-18 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Dumka in connection with Dumka Ramgarh P.S. Case No.126 of 2020 (POCSO Act Case No.37 of 2020) with the condition that he will co-operate with the trial of the case.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1012 of 2021
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1. Pradeep Kr. Handa @ Pradeep Kumar Hansda @ Pradeep Hansda
2. Pawan Kr. Baski @ Pawan Kumar Baski
3. Shyamlal Baski ... Petitioners Versus The State of Jharkhand ... Opposite Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Pratiush Lala, Adv.
For the State : Mr. Shiv S. Kumar, Addl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending their arrest in connection with Barora P.S. Case No.21 of 2019 instituted under Sections 147, 148, 149, 186, 188, 189, 283, 291, 353, 385, 341 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners used criminal force against the public servant-police personnel and deterred them from discharging their duty when they were trying to clear the blockage of a road consequent upon a road accident. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-15 of the instant anticipatory bail application, learned counsel for the petitioners submits that the petitioners have no criminal antecedent. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M.- 1st Class, Dhanbad within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/- (Rupees five thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class, Dhanbad in connection with Barora P.S. Case No.21 of 2019 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1880 of 2021
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Ranjit Rai ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : None
For the State : Mr. Rakesh Ranjan, Addl. P.P.
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02 /26.02.2021 Heard the learned counsel for the State through video
conferencing.
No one turns up on behalf of the petitioner in spite of repeated calls.
The petitioner is directed to remove the defects within one month from the date of this order.
List this case after removal of the defects.
It is made clear that if the defects are not removed within one month from the date of this order, then this bail application shall stand dismissed without further reference to the Bench.
Animesh/ (Anil Kumar Choudhary, J.)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1882 of 2021
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Gajendra Singh @ Rohit Singh ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Ranjan Kr. Singh, Adv.
For the State : Mr. Suraj Verma, Spl. P.P.
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02 /26.02.2021 Heard the parties through video conferencing.
The petitioner is directed to remove the defects within one month from the date of this order.
List this case after removal of the defects.
It is made clear that if the defects are not removed within one month from the date of this order, then this bail application shall stand dismissed without further reference to the Bench.
Animesh/ (Anil Kumar Choudhary, J.)