Tuntun Ganjhu vs The State Of Jharkhand ... Opposite ...
2023 Latest Caselaw 4379 Jhar

Jharkhand High Court

Tuntun Ganjhu vs The State Of Jharkhand ... Opposite ... on 1 December, 2023

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       BA No. 5648 of 2023

            Tuntun Ganjhu                   ...             Petitioner
                                       Versus
            The State of Jharkhand          ...         Opposite Party

         Coram:   HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

        For the Petitioner             : Mr. Anupam Anand , Adv.
        For the State                  : Mr. P.D.Agrawal, Spl. PP


07 / 01.12.2023

Heard the parties.

The petitioner has been made accused in connection with Pratappur P.S. Case No. 24 of 2018 instituted for the offences punishable under Sections 15 and 18 of the NDPS Act, 1985 .

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the co-accused tenants of the petitioner indulged in illegal cultivation of opium crop in forest area and kept doda, after purchasing the same from farmers, at low price for selling them at higher price. It is submitted that the allegation against the petitioner is false and the only allegation against the petitioner is that the petitioner is the landlord of the co-accused persons. Drawing attention of the court to annexure 3, page 35 -54 of this brief, which is the judgment passed by learned Additional Sessions Judge, IV, Chatra in NDPS case no. 58 of 2018, it is submitted by learned counsel for the petitioner that the said two co- accused persons, have been acquitted after the trial. It is further submitted that except suspicion, there is no material in the record, to implicate the petitioner in this case, hence the material in the record is sufficient for believing that the petitioner is not guilty of the offence as alleged and he is not likely to commit any offence, while on bail and the petitioner is in jail custody since 24.05.2023. It is next submitted that the petitioner is ready and willing to co-operate with the trial of the case, hence, the petitioner may be admitted on regular bail.

Learned Spl. P.P. opposed the prayer for regular bail. Considering submissions of learned counsels and the facts as stated above, as well as the copy of the judgment, in which, the co-accused tenant of the petitioner, has been acquitted after trial, this court is satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged and it is unlikely that the petitioner will commit any offence, while on bail, hence, this court is inclined to release the petitioner on bail. Therefore, the trial court is directed to release the petitioner on bail on furnishing bail bond of Rs. 1,00,000/- (Rupees One Lakh) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Chatra in connection with Pratappur P.S. Case No. 24 of 2018.

(ANIL KUMAR CHOUDHARY, J.) Smita/-