Jharkhand High Court
Samir Das @ Samir Das Gupta @ Sameer Das @ ... vs The State Of Jharkhand on 19 May, 2020
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 7925 of 2018
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Samir Das @ Samir Das Gupta @ Sameer Das @ Sameer Das Gupta, aged about 29 years, son of late Goutam Das Gupta, resident of House No. 45, Near Post Office, Sonari, P.O & P.S-Sonari Jamshedpur, Dist-East Singhbhum ... Petitioner Versus
1. The State of Jharkhand
2. Sanjana Thakur, W/o Late Sanjay Kumar Thakur, resident of Katka, P.O Katka, District Dharbhanga at present residing at Dindli Flat, No. 7LF/17/5 New Housing Colony, Dindli, P.O & P.S. Adityapur, District Saraikella Kharsawan ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mr. Rohan Kashyap, Advocate For the State : Mrs. Amrita Kumari, A.P.P
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14/19.05.2020 Hearing of this bail application has been convened and conducted through Video-Conferencing.
This is an application seeking bail in connection to S.T No. 126 of 2016 which has commenced on the basis of Adityapur P.S Case No. 228 of 2015 corresponding to G.R Case No. 652 of 2015.
By an order dated 21.12.2018, provisional bail was granted to the petitioner on the following conditions:
(i) one of the surety shall be Class-I legal heir of the petitioner,
(ii) he shall appear in the trial court regularly,
(iii) he shall not change his place of residence without prior permission of the court, and
(iv) he shall report to the Officer Incharge, Adityapur Police Station on every Sunday between 10 a.m to 11 a.m. Subsequently, an affidavit was filed by the investigating officer stating that the petitioner has not appeared in the office of the officer-in-charge, Adityapur Police Station and, accordingly, the provisional bail granted to him vide order dated 21.12.2018 was cancelled.
Now the petitioner has been taken into custody. The proceeding in this case would disclose that O.P No. 2 is not appearing in the trial Court and, therefore, a direction was issued to the investigating officer to serve notice upon her for appearance in the present proceeding. An affidavit on behalf of the investigating officer has been filed stating that inspite of his best efforts he could not serve notice upon O.P No. 2. It is further reported that she is not staying at the address given by her in the First Information Report.
In the aforesaid facts and circumstances, I am inclined to grant bail to the petitioner and, accordingly, the petitioner, above-named, namely, Samir Das @ Samir Das Gupta @ Sameer Das @ Sameer Das Gupta is directed to be released on bail, on furnishing personal bond to the satisfaction of the Court concerned which, however, may be modified insisting that the petitioner shall furnish two sureties of the like amount each to the satisfaction of the Court concerned, after the Lock-down, in connection with S.T Case No. 126 of 2016 arising out of Adityapur P.S. Case No. 228 of 2015 corresponding to G.R. Case No. 652 of 2015. Besides the above, he shall comply with the following conditions:
(i) the petitioner shall not change his place of present residence without intimation to the investigating officer,
(ii) he shall provide a proof of his present residence and Mobile Number to the investigating officer,
(iii) he shall abide by all the directives issued by the Government of India as well as the Government of Jharkhand in connection to COVID-19 situation.
Accordingly, B.A No. 7925 of 2018 stands allowed. Let a copy of the order be transmitted to the Court concerned through FAX.
(Shree Chandrashekhar, J.) Amit/