Biju Munda vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Anil Kumar Ganjhu.

Learned counsel for the petitioner has submitted that the petitioner Biju Munda has prayed for grant of regular bail in connection with Karra P.S. Case No. 80/2016 corresponding to G.R. No. 410/2016 (S.T. No. 144/2019) for the offence registered under Sections 302, 201/34 I.P.C. and Section 17 of C.L.A. Act.

Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R. nor there is any eye witness to the occurrence, rather an F.I.R. has been lodged against unknown as the husband of the informant has been killed.

Learned counsel for the petitioner has submitted that in the counter affidavit at paragraphs-10, the State has referred the statement of Madan Nayak and Manoj Nayak, who have stated under Section 161 Cr.P.C. that this petitioner has given threatening to Seva Nayak, father of the deceased by saying that he will be sent to the same place where his son has gone, as such, there is no legal material with regard to the complicity of the petitioner in the alleged offence and as such, petitioner, who is in custody since 28.03.2019, may be enlarged on bail.

Learned counsel for the State, Mr. Abhay Kumar Tiwari, has opposed the prayer for bail and has submitted that this petitioner has three criminal antecedents of similar nature and this is fourth case, if he is enlarged on bail, there is every likelihood that he will tamper the evidence, abscond from the trial and he will come up with another offence, as he has criminal antecedents, as such, this court may not grant bail to the petitioner.

Considering the rival submissions of the parties, looking into the materials collected during the investigation, since there is no eye- witness to the occurrence, as such, considering the period of custody since 28.03.2019, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Karra P.S. Case No. 80/2016 corresponding to G.R. No. 410/2016 (S.T. No. 144/2019) to the satisfaction of learned Distrct & Additional Sessions Judge, 1st, Khunti on the following conditions:

(i) One of the bailors shall be the deponent / Pairvikar of the present case namely, Bahalen Devi, wife of Chudata Munda, resident of Village - Sangor, P.O. - Sangor, P.S. - Karra, District - Khunti, who has furnished photocopy of her UID Card bearing number 2704 0577 7359 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 2704 0577 7359 of deponent alongwith this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall not influence the witnesses and shall appear before the trial court on each and every date till conclusion of the trial.

If implication of the petitioner is further made in any case, State Authority is at liberty to file application for cancellation of bail.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Khunti is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

Accordingly, the instant bail application is allowed.