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2025 DIGILAW 152 (JHR)

Soma Hunni Purti @ Soma Purti S/o Birsa Hunni Purti v. State of Jharkhand

2025-01-22

NAVNEET KUMAR, SUJIT NARAYAN PRASAD

body2025
JUDGMENT : 1. The instant appeal preferred under Section 21(4) of the National Investigation Agency Act, is directed against the order dated 21.08.2024 passed in Bail Petition No.191/2024 by the learned D.A.S.J.-I, Khunti, in connection with Khunti (AHTU) P.S. Case No.02 of 2023, registered for the offence under Sections 363, 370(4) and 506 of the I.P.C., whereby and whereunder, the prayer for regular bail of the appellant has been rejected. 2. It has been contended on behalf of the appellant that as per the prosecution version, the victim has been said to be missing sometime in the year, 2006. The FIR has been instituted in the year, 2023, i.e., after lapse of about 17 years. It has been submitted that the appellant is having no idea about the victim and he is not at all involved in trafficking of the said victim. 3. The argument has been advanced that due to long lapse in instituting the FIR, it cannot be said that any ingredient of Section 370(4) of the IPC is being attracted. The appellant is languishing in judicial custody since 26.06.2024 and he is having no criminal antecedent as also the charge-sheet against the appellant has already been submitted. 4. The ground, therefore, has been taken that all these facts have not been taken into consideration by the learned court while considering the prayer for regular bail of the appellant. 5. While on the other hand, learned Addl. Public Prosecutor appearing for the State has vehemently opposed the prayer for bail showing interference with the impugned order dated 21.08.2024. 6. It has been submitted that as per the statement so recorded of the mother of the victim, the appellant is directly involved in trafficking of the victim and as such, there is direct allegation against the appellant and the girl is still missing, hence, the appellant does not deserve to be released on bail. 7. We have heard the learned counsel for the parties and gone across the finding recorded by the learned trial Court in the impugned order as also the case diary, as has been called for vide order dated 02.12.2024 8. The fact about missing of the victim subjecting to trafficking, as per the prosecution version, taken place in the month of January, 2006. No FIR has been instituted, thereafter, the FIR has been instituted after lapse of about 17 years. 9. The fact about missing of the victim subjecting to trafficking, as per the prosecution version, taken place in the month of January, 2006. No FIR has been instituted, thereafter, the FIR has been instituted after lapse of about 17 years. 9. The appellant is having no criminal antecedent and the charge- sheet has already been submitted. Moreover, the appellant is languishing in judicial custody since 26.06.2024. 10. Considering the aforesaid fact, this Court is of the view that the impugned order needs to be interfered with. 11. Accordingly, the impugned order dated 21.08.2024 passed in Bail Petition No.191 of 2024 by the learned D.A.S.J.-I, Khunti, is hereby quashed and set aside. 12. In view thereof, the instant appeal stands allowed. 13. In consequence thereof, the appellant, above named, is directed to 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 the learned C.J.M., Khunti, in connection with Khunti (AHTU) P.S. Case No.02 of 2023, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause; and shall not commit offence of the like nature. In failure, the learned court shall have liberty to pass appropriate order in accordance with law so that trial, be not hindered and further that one of the bailors should be close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close relative of the appellant. 14. Before parting with the order as per the submission made on behalf of the learned State Counsel based upon the case diary that the investigation against the remaining accused persons, is going on, for which, S.I.T. has been constituted. Such constitution is on the ground that the victim is still missing. 15. The Superintendent of Police, Khunti, therefore, is directed to take sincere endeavour by taking all positive measures to trace out the victim. 16. Let this order be communicated to the Superintendent of Police, Khunti 17. Accordingly, the instant appeal stands disposed of.