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2019 DIGILAW 1909 (JHR)

Bandhu Tirkey v. Jharkhand State

2019-11-25

RONGON MUKHOPADHYAY

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JUDGMENT Rongon Mukhopadhyay, J. - Heard Mr. Nilesh Kumar, learned counsel for the petitioner and Mr. Ajit Kumar, learned Advocate General for the State. 2. The petitioner is an accused in connection with Sukhdeo Nagar P.S. Case No. 600/2017, corresponding to G.R. No. 6457/2017. 3. It has been alleged that the petitioner had given a statement in a press conference that the government was acting against the interest of the tribals. He had again stated on 17.02.2017 that he will sacrifice a black cow. It has been alleged that the petitioner had flamed religious disharmony through his rhetoric. 4. It has been submitted by the learned counsel for the petitioner that the petitioner is a National General Secretary of Jharkhand Vikas Morcha. It has further been submitted that the petitioner had never extended any racist comments or had hurt religious sentiments as the petitioner had taken active participation in installation of sacred places of other communities. Learned counsel submits that the petitioner is in custody since 03.10.2019. 5. Mr. Ajit Kumar, learned Advocate General for the State while opposing the prayer for bail of the petitioner has submitted that the petitioner had hurt religious sentiments and the act of the petitioner was to create a division in the society. While referring to the case diary it has been stated that apart from the informant having supported the allegations in his reinstatement the witnesses at paragraphs 20 and 21 of the case diary have also supported the allegations. Learned Advocate General further submits that the petitioner is involved in several criminal cases including corruption cases. It has been submitted that the investigation is at a preliminary stage and therefore if the petitioner is granted bail the investigation shall be severely hampered. 6. The petitioner seems to have been implicated for the incident which had occurred in the year 2017 and he is in custody since 03.10.2019. The investigation is going on and some witnesses have already been examined. 7. Considering the fact that the petitioner is in custody since 03.10.2019, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Ranchi in connection with Sukhdeo Nagar P.S. Case No. 600/2017, corresponding to G.R. No. 6457/2017.