Roushan Prasad @ Roshan Prasad @ Roshan Prasad v. State Of Jharkhand
2018-07-13
SHREE CHANDRASHEKHAR
body2018
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - The petitioner seeks bail in Govindpur P.S. Case No. 116 of 2016 corresponding to G.R. No. 3500 of 2016 (S.T. Case No. 103 of 2017) registered for offence under Sections 452, 323, 325, 379, 354-A, 307, 504 and 34 IPC. Previously bail application moved by the petitioner vide B.A. No. 5941 of 2017 was dismissed on 07.09.2017. O.P. No. 2 has appeared through Mr. Anurag Kashyap, the learned counsel. 2. Mr. A.K. Das, the learned counsel for the petitioner submits that evidence of the witnesses now examined by the prosecution during the trial does not make out a case for offence under Section 307 IPC and while so, the petitioner who has remained in judicial custody since 15.12.2016 deserves grant of bail. 3. The learned APP has opposed the prayer for grant of bail Mr. Anurag Kashyap, the learned counsel for the O.P. No. 2, however, submits that injured witness Om Prakash who is examined as P.W. 3 has specifically spoken about the injury suffered by Birendra Prasad, Binod Kumar and himself. 4. The witness-Birendra Prasad who has been examined as P.W. 2, however, did not turn up for his cross-examination and the alleged injured Binod Kumar has not been cited as a witness by the prosecution. In so far as the evidence of P.W. 3 is concerned, it is found that injury report has not been produced on record and, thus, not marked and exhibited in S.T. Case No. 103 of 2017. 5. In this state of evidence, I find substance in the contention raised by the learned counsel for the petitioner that prima-facie offence under Section 307 IPC is not made out. 6. In the aforesaid facts and circumstances of the case, the petitioner, namely, Roushan Prasad @ Roshan Prasad @ Roshan Prasad is directed to be released on bail on furnishing bail bond of Rs.
6. In the aforesaid facts and circumstances of the case, the petitioner, namely, Roushan Prasad @ Roshan Prasad @ Roshan Prasad is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, East Singhbhum at Jamshedpur in connection with Govindpur P.S. Case No. 116 of 2016 corresponding to G.R. No. 3500 of 2016 (S.T. Case No. 103 of 2017) on the following conditions : (i) One of the bailers shall be father of the petitioner, (ii) he shall appear before the trial court on each and every date during the trial, but for just excuse, and (iii) he shall not change his place of residence without prior permission of the Court. 7. On breach of any of the aforesaid conditions by the petitioner, the prosecution or O.P. No. 2 shall be at liberty to file an application in this Court for cancellation of bail to the petitioner. 8. The instant bail application stands allowed. 9. Let a copy of the order be transmitted to the trial Court through ''Fax''.