Bapi Koyal vs The State of Jharkhand

Heard learned counsel for the petitioner.

Petitioner seeks grant of bail in connection with Adityapur(RIT) P.S. Case No. 94 of 2012 corresponding to G.R. Case No. 342 of 2012(S.T.

No. 115 of 2013) for the offences registered under Section 302/34/120B of the Indian Penal Code read with Section 3, 4 and 5 of the Explosive

Substance Act, which is now pending in the Court of Additional Sessions Judge-II, Seraikella.

Earlier the bail application of petitioner was rejected by this Court vide order dated 24.11.2012 passed in B.A. No. 8476 of 2012. Learned

counsel for the petitioner submits that petitioner is in custody since 28.6.2012 for more than 5 years 6 months now. He submits that out of 8

prosecution witnesses shown in column no. 13 of the charge-sheet, 7 witnesses have already been examined and 6 of them including the informant

P.W.2 have turned hostile. The Investigating Officer has not turned up for examination despite repeated indulgence and last chance given to him by

the learned Trial Court. Petitioner in all likelihood believes that in the aforesaid state of failure of prosecution, he would be acquitted of the charges.

Therefore, he may be enlarged on bail as he has remained in custody for more than 5 years by now.

A report was called for from the Court of learned Additional Sessions Judge-III, Seraikella about the status of Sessions Trial Case No 115 of

2013. The report at Flag ''S'' dated 21.12.2017 shows that out of 8 prosecution witnesses, 7 were examined including the Medical Officer except

the Investigating Officer. Except the Medical Officer, P.W.7, all other witnesses including the informant-wife (P.W.2) have turned hostile. Despite

time granted to Additional Public Prosecutor to produce the remaining chargesheeted witness, the Investigating Officer namely Rajesh Prakash

Sinha has not turned up for examination, though last indulgence was granted for his production on 15.12.2017.

Learned counsel for the petitioner submits that even on the next date i.e., 22.12.2017, Investigating Officer has not turned up for his

examination. Petitioner would however appear before the learned Trial Court on all the dates till the conclusion of the trial, if released on bail.

Having considered the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/-

(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Seraikella-Kharsawan in

connection with Adityapur(RIT) P.S. Case No. 94 of 2012 corresponding to G.R. Case No. 342 of 2012(S.T. No. 115 of 2013). Petitioner shall

appear before the learned Trial Court on each and every date fixed in the case till the trial is concluded.