Jitendra Rawani v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3653 of 2023 Ashik Kumar Choudhary @ Ashik Choudhary Versus .... .. ... Petitioner(s) The State of Jharkhand. ........... .. ... ...Opp. Party(s) CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner For the State : Mr. Gautam Kumar, Advocate : Ms. Kumari Rashmi, APP …... 05/ 26.06.2023. Petitioner above-named who is in custody since 24.12.2022 has moved this Court for grant of regular bail in connection with Barharwa P.S. Case No.196 of 2022 (POCSO Case No.03 of 2023) registered under Section 363 of the Indian Penal Code and the charge-sheet has been submitted under Sections 366A, 376 IPC and Section 6 of the POCSO Act. Heard the parties. It is submitted by learned counsel for the petitioner that victim was a married lady and had a child from her husband and has stated in her evidence recorded under Section 164 Cr. P.C. that she had wilfully eloped with the petitioner. There was love affair between the informant and the petitioner/accused. Learned APP for the State has vehemently opposed the prayer. It is submitted that victim girl is a minor and her consent is immaterial. However, factual assertions has not been disputed. Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released 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 Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case. Sandeep/ Uploaded. (Gautam Kumar Choudhary, J.)
Legal Reasoning
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 3690 of 2023 Jitendra Rawani . .... .. ... Petitioner(s) Versus The State of Jharkhand. ........... .. ... ...Opp. Party(s)
Legal Reasoning
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner For the State ......... : Mr. Pratiush Lala, Advocate : Ms. N. Sharmin, APP …... 04/ 26.06.2023. Petitioner above-named who is in custody since 28.10.2022 has moved this Court for grant of regular bail in connection with S.T. Case No.144 of 2023 (Kenduadih P.S. Case No.138 of 2022 & G.R. No.108 of 2023) registered under Sections 326 and 307 of the Indian Penal Code and Section 27(2) of the Arms Act. Heard the parties. It is submitted by learned counsel for the petitioner that offence under Section 307 IPC will not be made out as per the injury report which was found to be simple in nature caused by fire-arm. It is further submitted that during investigation, it has come that there had been blank firings in the mela in which the informant was injured. Learned APP for the State has vehemently opposed the prayer. Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released 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 Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case. Sandeep/ Uploaded. (Gautam Kumar Choudhary, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1714 of 2023 Daso Tudu . Versus The State of Jharkhand. ........... .... .. ... Petitioner(s) .. ... ...Opp. Party(s) CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner For the State : Mr. Dilip Kumar Chakraverty, Advocate : Mr. Rajendra Ram Ravi Das, APP …... 03/ 26.06.2023. Petitioner above-named who is in custody since 20.01.2022 has moved this Court for grant of regular bail in connection with S.T. Case No.373 of 2022 [Govindpur P.S. Case No.04 of 2022 & G.R. No.710 of 2022) registered under Sections 302/34 of the Indian Penal Code. Heard the parties. It is submitted by learned counsel for the petitioner that petitioner is not named in the FIR and there is no direct or circumstantial evidence against him. It is submitted that the only material is confessional statement made by the petitioner and other co-accused persons. Learned APP for the State has vehemently opposed the prayer. It is submitted that one Dulari Murmu was the sautan of the informant and the wife of the deceased. It is submitted that she confessed her complicity in the alleged offence and disclosed that she had committed the offence with Daso Tudu (accused/ petitioner). After investigation charge-sheet has been submitted and the charge has already been framed. Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released 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 Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case. Sandeep/ Uploaded. (Gautam Kumar Choudhary, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2786 of 2023 Satyendra Ravi @ Sakendra Kumar @ Satyendra Kumar Ravi . Versus .... .. ... Petitioner(s) The State of Jharkhand. .. ... ...Opp. Party(s) ........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner For the State : Mr. Sheo Kumar Singh, Advocate : Mr. Vishwanath Roy, SPP ……… 05/ 26.06.2023. Petitioner above-named who is in custody since 28.10.2022 has moved this Court for grant of regular bail in connection with Ramgarh P.S. Case No.31 of 2022 (G.R. No.1541 of 2022 & S.T. No.67 of 2023) registered under Sections 452/ 341/328/ 326/ 307/34 of the Indian Penal Code. Heard the parties. As per the case of the prosecution it was a case of babootizing, the wife of the informant had extra-marital relationship with the petitioner which was objected to by him, as a result of which, his wife administered him injection and decapitated his private part. It is submitted by learned counsel for the petitioner that allegation is directed against the wife of the informant that she had given him alcohol and tablets and had given injection after which he became senseless. The petitioner has been implicated in the case only on mere suspicion. Learned APP for the State has vehemently opposed the prayer. It is submitted that there is direct and specific allegation against the petitioner he was having extra-marital relationship with the wife of the informant and was in constant touch with the petitioner on his mobile and she has given her statement that he was also involved in the incidence. It is submitted that CDR corroborates the case of prosecution. Considering the gravity of offence and nature of allegation, I am not inclined to enlarge the petitioner on regular bail and accordingly, prayer for the same is rejected. (Gautam Kumar Choudhary, J.) Sandeep/ Uploaded. IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1659 of 2023 Anarjit Roy @ Indrajeet Roy .... .. ... Petitioner(s) Versus The State of Jharkhand. ........... .. ... ...Opp. Party(s) CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner For the State : Mr. Akhouri A. Kumar, Advocate : Mr. Ravi Prakash, SPP …... 03/ 26.06.2023. Petitioner above-named who is in custody since 18.01.2022 has moved this Court for grant of regular bail in connection with Ormanjhi P.S. Case No.06 of 2022 registered under Sections 414/34 of the Indian Penal Code and under Sections 20, 22 and 25 of the NDPS Act. Heard the parties. As per the case of the prosecution, it is alleged that 200 Kg. of cannabis were seized which were concealed in the vehicle in which the petitioner was the driver. It is submitted by learned counsel for the petitioner that petitioner was the driver on a daily wage of Rs.500/- and he is languishing in custody for about one and half years having no criminal antecedent. Learned APP for the State has vehemently opposed the prayer. It is submitted that there is direct and specific allegation that commercial quantity of cannabis was seized and the manner in which it was concealed in the vehicle shows the complicity of the petitioner. It is submitted that the witnesses have supported the case and further the other co-accused persons are still at large. Considering the gravity of offence and nature of allegation, I am not inclined to enlarge the petitioner on regular bail and accordingly, prayer for the same is rejected. However, the learned Trial Court is directed to expedite the trial. (Gautam Kumar Choudhary, J.) Sandeep/ Uploaded. IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2240 of 2023 Sudarshan Kumar . Versus The State of Jharkhand. ........... .... .. ... Petitioner(s) .. ... ...Opp. Party(s) CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner For the State ......... : Mr. Ashish Kumar, Advocate Mr. Mohit Prakash, Advocate : Mr. Ravi Prakash, SPP …... 07/ 26.06.2023. Petitioner above-named who is in custody since 11.12.2022 has moved this Court for grant of regular bail in connection with Namkum P.S. Case No.449 of 2022 registered under Sections 498A/ 304B/ 34 of the Indian Penal Code. Heard the parties. It is submitted by learned counsel for the petitioner that petitioner is a Teacher and serving at Giridih whereas the place of occurrence is within the Namkum Police Station, Ranchi where his wife committed suicide. There was some minor quarrel between mother-in-law and the deceased and there is no allegation against the petitioner. The witnesses have stated that there was cordial relationship between wife and the husband [petitioner]. Learned APP for the State has vehemently opposed the prayer. Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released 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 Court below subject to the condition that one of the bailor(s) must be close relatives of the petitioner and that he shall not commit an offence, similar to the offence of which he is accused in the present case. Sandeep/ Uploaded. (Gautam Kumar Choudhary, J.)