Jharkhand High Court
Gupu Bhuiyan @ Gupta Bhuiyan vs State Of Jharkhand ..... Opp. Party on 25 October, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6772 of 2019
Gupu Bhuiyan @ Gupta Bhuiyan ..... Petitioner
Versus
State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Prashant Kr. Rahul, Advocate.
For the State : A.P.P.
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03/Dated: 25/10/2019
Petitioner is accused in Balumath P.S. Case No. 24/2013, corresponding to NDPS No. 06/2013, registered for the offence under Sections 15, 18, 22 of the NDPS Act and 33 of Indian Forest Act.
It appears that earlier petitioner along with Suresh Yadav had moved before this Court in B.A. No. 10028/2018 and under order dated 15.05.2019, Suresh Yadav was admitted on bail and the prayer for bail of the petitioner was rejected in view of the fact that he has criminal antecedent.
It further appears that social investigation report from the District Probation Officer, Latehar regarding the social, economic condition, family background and profession of the petitioner and also criminal antecedent of the petitioner in terms of Section 37 of the NDPS Act was called for.
Perused the report dated 30.09.2019 submitted by Probation Officer, Home (Prison & Disaster Management) Department, Latehar (Jharkhand), which reveals that petitioner is aged about 45 years and belongs to lower class and he has kuchcha house and he has one acres of land and his father and mother are alive and his wife is 43 years old and has six children and out of which two daughters are married and apart from this case, there is one other case pending against the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 24.11.2018 and now the charges have been framed against this petitioner on 11.01.2019 under Sections 15, 18, 22 of the N.D.P.S. Act and Section 33 of the Indian Forest Act by learned Anil Kumar Pandey, District & 2 nd Additional Sessions Judge, Latehar.
Learned counsel for the petitioner further referred to Annexure-5 which is order dated 14.06.2019 passed in Misc. Criminal Application No. 245/2019, petitioner was admitted on -2- bail in Balumath P.S. Case No. 28/2010 corresponding to NDPS Case No. 11A/2010 registered under Sections 15, 18, 22, 25, 29, 32 of the N.D.P.S. Act and Section 33 of the Indian Forest Act passed by learned Sessions Judge, Latehar.
Be that as it may, keeping in view the fact that charges have been framed and trial will take some time and also taking the period of detention, I am inclined to admit the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Latehar, in connection with Balumath P.S. Case No. 24/2013, corresponding to NDPS No. 06/2013, subject to the following conditions:-
(i) One of the bailers shall be close relative of the petitioner.
(ii) Petitioner is directed to deposit Rs. 1,500/- by way of cost in the account of President / Secretary, District Bar Association, Jamtara being A/C No. 50078807749, IFSC Code - ALLA 0212066, Allahabad Bank, Jamtara Branch and will submit a receipt of the same before the court below at the time of furnishing bail bonds.
(iii) Petitioner is further directed that alongwith the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.
(iv) Petitioner is directed to remain physically present before the trial court on each and every date as and when directed by the trial court, failing which the trial court will be at liberty to cancel the bail bonds of the petitioner.
Let a copy of this order be communicated to the court below, President / Secretary, District Bar Association, Jamtara and also handed over to learned counsel for the petitioner.
(Anant Bijay Singh, J.) Sunil/