Sunil Khoya @ Motu Khoya vs The State Of Jharkhand
2021 Latest Caselaw 1319 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               B. A. No. 11183 of 2020
                                            ....

             Sunil Khoya @ Motu Khoya                   ....      Petitioner
                                            Versus
             The State of Jharkhand                        .... Opposite Party
                                      ....
              CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Petitioner              : Mr. Rakesh Kumar, Adv.
                For the Opposite Party          : Mr. Shree Prakash Jha, A. P. P.
                                           ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

.....

03/16.03.2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Dhurwa (Tupudana O. P.) P. S. Case No. 186 of 2007 corresponding to G. R. No. 3101 of 2007 registered under Sections 302/34 of the Indian Penal Code and Section 3 and 4 of Witch (Daain) Practices Act and is pending in the Court of learned Judicial Magistrate, Ranchi.

It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 18.10.2019. The incident is of the year 2007. The petitioner has been named in the FIR. However, he could not participate in the trial as he was out of station for earning his livelihood. It has been further submitted that one of the co-accused namely Krishna Oraon has already been acquitted in Cr. Appeal (DB) No. 89 of 2015 vide judgment dated 04.08.2018. In the present case, charge has already been framed and the petitioner is ready to co-operate in the trial. On the above fact, prayer for bail has been made.

On the other hand, learned A. P. P. has opposed the prayer for bail. Considering the material available on record and pre-conviction period of custody of the petitioner, he 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 Judicial Magistrate, Ranchi in connection with Dhurwa (Tupudana O. P.) P. S. Case No. 186 of 2007 corresponding to G. R. No. 3101 of 2007 subject to the condition that the petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.

(Rajesh Kumar, J.) Kamlesh/