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2020 DIGILAW 47 (JHR)

Robin Soren v. State Of Jharkhand

2020-01-10

SHREE CHANDRASHEKHAR

body2020
JUDGMENT 1. The petitioner moved this Court in B.A No.5356 of 2017 for bail in connection to Bahargora P.S Case No.52 of 2016 corresponding to G.R No.360 of 2016 however, the said petition was dismissed as withdrawn on 26.07.2017. 2. The petitioner again moved this Court in B.A No.1499 of 2018 in which the following order was passed on 03.08.2018: 3. Previously the bail application vide B.A. No.5356 of 2017 moved by the petitioner was withdrawn on 26.07.2017 with liberty to the petitioner to move this Court after framing of the charges in the case. 4. Now charges against the petitioner have been framed for offences punishable under Section 354, 354B, 354D read with 506 IPC. 5. The petitioner is in judicial custody since 27.01.2017. He is distantly related to the victim. The record of proceeding in G.R. No. 360 of 2016 has been produced which would disclose that till date no witness has been examined by the prosecution. 6. Mr. Asif Khan, the learned APP has opposed the prayer for grant of bail. 7. In the aforesaid facts and circumstances of the case, the petitioner, namely, Robin Soren is directed to be released on provisional 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 Judicial Magistrate 1st Class, Ghatsila, Singhbhum East in connection with Baharagora P.S. Case No. 52 of 2016 corresponding to G.R. No. 360 of 2016 on the following conditions : (i) he shall appear before the trial court on each and every date during the trial, but for just excuse, (ii) he shall not change his place of residence without prior permission of the Court, and (iii) he shall appear in the office of Superintendent of Police, East Singhbhum on every Monday of each month between 9.00 to 11.00 a.m. and a report thereof on his subsequent conduct shall be filed by the investigating officer before this Court on or before next date of hearing. Post the matter on 02.11.2018. Let a copy of the order be transmitted to the learned trial Court and the Superintendent of Police, East Singhbhum through ''Fax''. 8. Post the matter on 02.11.2018. Let a copy of the order be transmitted to the learned trial Court and the Superintendent of Police, East Singhbhum through ''Fax''. 8. During pendency of B.A No.1499 of 2018, the investigating officer informed the Court that the petitioner has failed to appear in the office of the Superintendent of Police, East Singhbhum and, accordingly, vide order dated 22.02.2019 the petitioner was directed to surrender before the court below. Thereafter O.P No.2 has appeared in the present proceeding and father of the petitioner has filed an affidavit undertaking that he shall be liable for any future misconduct of his son. 9. In the above facts on 28.06.2019 the following order was passed by this Court: Vide order dated 03.08.2018 provisional bail was granted to the petitioner; one of the conditions for provisional bail was that he shall appear in the office of Superintendent of Police, East Singhbhum on every Monday of each month between 9.00 to 11.00 a.m. It was reported that he did not follow this condition and, accordingly, provisional bail granted to him was cancelled. 10. Mr. K.S. Nanda, the learned counsel appears for O.P No.2. 11. It is stated that O.P No.2 has settled in her life after her marriage. However, she has to appear in the examination of B.A Part-III and she apprehends some incident at the behest of the petitioner. 12. An affidavit has been filed by the father of the petitioner. He undertakes that he would discipline his son and would take responsibility for his misconduct in future. 13. In view of the undertaking tendered by the father of the petitioner, the provisional bail granted to the petitioner vide order dated 03.08.2018 is restored. 14. The order dated 22.02.2019 is recalled. 15. The petitioner shall be released from custody. 16. He shall comply with the conditions mentioned in the order dated 03.08.2018 and a liberty is reserved with O.P No.2 to report any misbehaviour by the petitioner to the concerned Superintendent of Police. 17. Post the matter on 23.08.2019. 18. Thereafter no affidavit has been filed by O.P No.2 alleging any threatening or misconduct by the petitioner. 19. In such view of the matter, order dated 03.08.2018 granting provisional bail to the petitioner is confirmed. 20. B.A. No.1499 of 2018 is allowed.