Citation : 2026 Latest Caselaw 2592 Jhar
Judgement Date : 1 April, 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 498 of 2020
Clement Kalyan Topno @ Kalyan Topno aged about 49 years, son
of late Pius Topno, resident of village Tikra Kurlutoli, P.O. and
P.S. Jaldega, District Simdega ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM : Hon'ble Mr. Justice Rongon Mukhopadhyay : Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Md. Zaid Ahmed, Advocate For the State : Mrs. Priya Shrestha, Spl. PP
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06/01.04.2026 I.A. No. 16372 of 2025
1. Heard Mr. Zaid Ahmed, learned counsel for the appellant and Mrs. Priya Shrestha, learned Spl. PP.
2. The prayer for bail of the appellant was earlier dismissed as withdrawn in I.A. No. 369 of 2023 and dismissed as not pressed in I.A. No. 5834 of 2021.
3. It has been submitted by the learned counsel for the appellant that the appellant has remained in custody for about 8 years. It has been submitted that the only incriminating material collected against the appellant is of recovery of mobile of the deceased as well as the rope which was used to tie the deceased. It has been submitted that co- convict Mariyanus Dungdung from whose house a mobile of the deceased was recovered has been granted bail by a co-ordinate Bench of this Court in Criminal Appeal (DB) No. 411 of 2020. Learned counsel submits that admittedly there are no eye witnesses to the occurrence and in fact the dead body was recovered after eight days and therefore there is no close proximity to the disappearance of the deceased and recovery of the dead body.
4. Learned Spl. PP has opposed the prayer for bail of the appellant.
5. Regard being had to the fact that one of the co-convict has been granted bail as stated above, the appellant above named is directed to be enlarged on bail. Accordingly, during the pendency of this appeal, the appellant, above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Simdega in connection with S.T. No. 81 of 2018, arising out of Jaldega P.S. Case No. 8 of 2018 corresponding to G.R. No. 83 of 2018.
6. I.A. No. 16372 of 2025 stands allowed.
(Rongon Mukhopadhyay, J.)
(Anubha Rawat Choudhary, J.)
Binit/Rakesh
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