Jharkhand High Court
Gopal Hassa vs The State Of Jharkhand on 27 July, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No.523 of 2023
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Gopal Hassa, aged about 25 years, son of Bongo Hassa @ Bonga
Hassa, Resident of Village-Chuklu, Todangdih, Post Office: Birbanki,
Police Station & District : Khunti. .... .... Appellant
Versus
The State of Jharkhand .... .... Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Ritesh Kumar, Advocate
For the State : Mr. Shiv Shankar Kumar, A.P.P.
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06/Dated: 27.07.2023
The instant appeal preferred under Section 21(4) of the National
Investigation Agency Act, 2008 is directed against the order dated
14.03.2023 passed by the learned District & Additional Sessions Judge-
I, Khunti in Bail Petition No.17 of 2023, in connection with Khunti
(AHTU) P.S. Case No.09 of 2021 registered for the offence under
Sections 363, 370(4), 371 & 374 of the Indian Penal Code and Section
3(1) of Child Labour (Prohibition and Regulation) Act, whereby and
whereunder, the prayer for regular bail of the appellant has been
rejected.
2. Mr. Ritesh Kumar, learned counsel appearing for the appellant
has submitted that the appellant has falsely been implicated in the
instant case, as would appear from the very conduct of the informant
who has instituted the FIR after lapse of two years from the date of
alleged missing of the victim girl.
3. It has been contended that there is no missing report before any
concerned competent authority.
4. The further contention has been made that there is no criminal
antecedent.
5. The argument, in the aforesaid premise has been made that the
learned trial Court without taking into consideration the aforesaid fact
has passed the impugned judgment, therefore, the impugned judgment
is not sustainable in the eye of law.
6. While on the other hand, Mr. Shiv Shankar Kumar, learned A.P.P.
appearing for the State has submitted that the trial is at the verge of
completion, as would appear from the status report which has been
called for by this Court vide order dated 12.07.2023, wherein, out of
seven witnesses, three witnesses have been examined including the
victim and as such, the instant appeal may not be allowed.
7. We have heard the learned counsel for the parties and gone
through the finding recorded by the learned trial Court in the impugned
order dated 14.03.2023, by which, the prayer for regular bail of the
appellant has been rejected.
8. The victim was said to be traceless two years before the
institution of FIR which was only instituted when the victim was
recovered.
9. It appears from the first informant report that there is no specific
overt act leveled against the appellant as also there is no criminal
antecedent, as has been submitted by the learned counsel appearing
for the State by going through the case diary, therefore, this Court is of
the view that the impugned order dated 14.03.2023 passed in Bail
Petition No.17 of 2023 requires interference.
10. Accordingly, the order dated 14.03.2023 passed by the learned
District & Additional Sessions Judge-I, Khunti in Bail Petition No.17 of
2023, in connection with Khunti (AHTU) P.S. Case No.09 of 2021, is
hereby quashed and set aside.
11. In view thereof, the instant appeal stands allowed.
12. 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 Chief Judicial Magistrate, Khunti, in connection
with Khunti (AHTU) P.S. Case No.09 of 2021.
13. The trial since is going on and out of seven witnesses, three
witnesses have already been examined, therefore, the appellant will be
released, subject to the condition that he shall appear on each and
every date till the disposal of the case, failing which, the bail bond
of the appellant will be cancelled.
14. Accordingly, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Rohit/-
