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2017 DIGILAW 1591 (JHR)

Jayant Kumar v. State Of Jharkhand

2017-09-04

RONGON MUKHOPADHYAY

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JUDGMENT Rongon Mukhopadhyay, J. – Heard Mr. Sheo Kumar Singh, learned counsel for the petitioner and Mr. Abhay Kr. Tiwari, learned A.P.P. for the State. 2. This revision application is directed against the order dated 30.05.2017 passed by the learned Additional Sessions Judge-I, Palamau at Daltonganj in Criminal Appeal No. 30 of 2017, whereby and where-under the order dated 19.04.2017 passed by the learned Principal Magistrate, Juvenile Justice, Board, Palamau at Daltonganj in connection with Chhattarpur P.S. Case No. 90 of 2014, corresponding to G.R. Case No. 960 of 2014, rejecting the prayer for bail of the petitioner has been affirmed. 3. It has been submitted by the learned counsel for the petitioner that there is no direct evidence against the petitioner of committing the murder of the deceased. Learned counsel for the petitioner submits that merely because of the fact that the deceased was having a love affair with one Farzana Khatoon upon whom the petitioner as well as Pappu Singh had an evil eye he has been implicated. It has been submitted that the petitioner is in remand home since 30.11.2016. It has also been submitted that the father of the petitioner has given an undertaking that he shall keep the petitioner in proper care and shall not allow him to come in contact with any anti social elements. 4. Learned A.P.P. for the State has opposed the prayer made by the petitioner. 5. It appears from the counter affidavit which has been filed by the State that the petitioner has been implicated on account of the fact that the deceased was last seen with the petitioner which fact has been corroborated by the statement of the witness Farzana Khatoon recorded in para 40 of the case diary. The petitioner seems to have been implicated on account of the fact that he along with Pappu Singh had an evil eye upon Farzana Khatoon with whom the deceased had an affair. The petitioner has given his intermediate (science) examination from custody. The petitioner has spent almost more than nine months in remand home. 6. The petitioner seems to have been implicated on account of the fact that he along with Pappu Singh had an evil eye upon Farzana Khatoon with whom the deceased had an affair. The petitioner has given his intermediate (science) examination from custody. The petitioner has spent almost more than nine months in remand home. 6. Since there does not appear to be any direct allegation levelled against the petitioner which fact has not been properly appreciated by the learned courts below while setting aside the order order dated 30.05.2017 passed by the learned Additional Sessions Judge-I, Palamau at Daltonganj in Criminal Appeal No. 30 of 2017 and the order dated 19.04.2017 passed by the learned Principal Magistrate, Juvenile Justice, Board, Palamau at Daltonganj in connection with Chhattarpur P.S. Case No. 90 of 2014, corresponding to G.R. Case No. 960 of 2014, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, Juvenile Justice, Board, Palamau at Daltonganj in connection with Chhattarpur P.S. Case No. 90 of 2014, corresponding to G.R. Case No. 960 of 2014; subject to the condition that the father of the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner before the learned Principal Magistrate, Juvenile Justice Board, Palamau at Daltonganj, on each and every date, fixed in the concerned case, till the conclusion of the inquiry. 7. This application stands disposed of.