AI Structured Summary
Not yet generated for this judgment
Judgment
The case is taken up through Video Conferencing.
The petitioner is an accused in a case registered for the offence punishable under Sections 302/201/34 IPC.
Learned counsel for the petitioner submits that the petitioner's prayer for bail was earlier rejected twice by this Court. By way of the present bail
application, the petitioner has renewed his prayer for bail. It is further submitted that Dr. Swapan Kr. Sarak has been examined in the trial as PW.5
wherein he has clearly stated that the death of the deceased Saroj Ravidas occurred due to asphyxia as a result of drowning. He has further stated
that no ante-mortem external wound has been found on the person of the deceased at the time of post-mortem examination and the death did not
occur due to mechanical injuries. There is no eye-witness to the occurrence. It is also submitted that the rest of the accused persons have already
been released on bail. The petitioner is in judicial custody since 15.02.2019 and therefore he may be given the privilege of regular bail. The petitioner
undertakes that after his release on bail, he will fully co-operate in timely disposal of the trial.
Learned A.P.P opposes the petitioner's prayer for bail. Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the
petitioner on bail. Accordingly, the above named petitioner is directed to be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand
only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Dhanbad in connection with S. T. No.
228/2019, subject to the condition that the petitioner shall co-operate in the trial and shall be present before the Trial Court on each and every date,
unless his physical presence for a particular date is specifically exempted by the order of the Trial Court, failing which the Trial Court is at liberty to
pass appropriate order against the petitioner in accordance with law.