Jharkhand High Court
Ganesh Soren vs The State Of Jharkhand ......Opposite ... on 3 October, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 846 of 2024
1. Ganesh Soren, aged 16 years, S/O:- late Sonalal Baski, Through his
Mother and Natural Guardian Bharuti Kisku w/o late Sonalal Baski, aged
about 41 years, S/O Bepar Baski
2. Ajit Kisku, aged about 16 years, S/o late Bihari Kisku, Through his
Mother and Natural Guardian Talamay Hansda, aged about 41 years, W/o
Bihari Kisku, Both Resident of vill:- Litti, P.O. Pindrahat, P.S.:- Deodanr,
District:- Godda ...... Petitioner
Versus
The State of Jharkhand ......Opposite party
----------
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
-----
For the Petitioner : Ms. Vani Kumari, Advocate
For the State : Mr. Azeemuddin, APP
.....
Order No.05/ Dated:03.10.2024
Learned counsel for the petitioner has appeared.
The instant revision application is directed against Judgment
dated 02/07/2024, passed by the learned Additional Sessions Judge -1,
Godda in Criminal Appeal No.29/2024 whereby and whereunder the
learned Appellate Court has been pleased to reject the prayer to
release the petitioners on bail and rejected the Criminal Appeal which
was filed against the common order dated 19/06/2024, passed in
M.C.A. No. 1778/2024, passed by the learned I/C Principal
Magistrate, Juvenile Justice Board, Godda in connection with
Deodanr P.S. Case No.01/2023 (GR No.544/2023) Enquiry No.
79/2024, registered U/S 147, 149, 341, 323, 325, 337, 338, 307 & 384
of I.P.C., Subsequently Section 302 I.P.C. has been added vide order
dated 09/01/2023, consequent Enquiry No. 125/2023, whereby and
whereunder the learned Principal Magistrate, Juvenile Justice Board,
Godda has been pleased to reject the prayer for bail of the petitioners.
The case is pending in the court of learned Principal Magistrate,
Juvenile Justice Board, Godda.
Learned counsel for the petitioners has submitted that petitioner
no. 1 is in custody since 11.01.2023 and petitioner no.2 is in custody
since 07.02.2023. She further submits that both the petitioners are
minor. She has taken written report in the FIR and raide out from the
written report itself and pointed out that the allegation is basically
omnibus and general assault by many as seven accused persons and
three other unknown persons against the victim who was injured.
Counsel says that the assault is not specific to any one of the accused
person. Moreover, she has stated that on such basis on the same set of
acquisition many other co-accused have already been granted the
privilege of bail. It is submitted that Co-accused, Sanjay Kisku in BA
No. 4363 of 2023 vide order dated 21st August, 2023 has been
granted bail by this Court and Co-accused, Nirmal Baksi, Shivram
Hansda, Vikash Hansda in Cr. Revision No.1167 of 2023 vide order
dated 12.04.2024 and Sandip Hansda in Cr. Revision No.1143 of 2023
vide order dated 01.11.2023 have been granted bail by the Co-ordinate
Bench of this Court.
Having heard both counsels, noted his submission, petitioners are
directed to release on bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand) each with two sureties of the like amount each
by his guardian to the satisfaction of the court of learned Principal
Magistrate, Juvenile Justice Board, Godda in connection with Deodanr
P.S. Case No.01 of 2023, subject to condition that (i) the petitioners shall
attend each and every date of trial unless it is dispensed with by the
learned court below(ii) further thereafter the father or guardian of the
minor children will give assurance or undertaking that they will take care
of child and also continue with studies. The Secretary DLSA, Godda will
take steps for counselling of the juvenile in conflict with law in every
three months (iii) any other condition, the learned court below may think
fit and proper.
(Ratnaker Bhengra, J.)
R.K/
