Fauda Munda And Ors vs State Of Jharkhand

Learned counsel for the petitioners has submitted that he may be allowed to make necessary correction with regard to name of the Act, as mentioned in Para-1 of the bail application.

Prayer is allowed.

Let the said correction be made after 30 days after physical court starts. Joint Registrar (Judicial) is directed to ensure the compliance of the same. Heard, learned counsel, Mr. Ankit Vishal assisted by learned counsel for the petitioners, Mr. Ajay Kumar Sah and learned counsel for the State, Mrs. Ruby Pandey.

Learned counsel for the petitioners has submitted that petitioners have prayed for grant of regular bail in connection with Namkum P.S. Case No.274 of 2019, corresponding to S.T. No.78 of 2020 for the offence registered under Sections 302/34 IPC and Sections 3/4 of Prevention of Witch (Daain) Practices Act. Learned counsel for the petitioners has submitted that five persons have been named in the FIR including these two petitioners. He has further submitted that except suspicion, there is nothing against the petitioners. Learned counsel for the petitioners has further submitted that as per the FIR, it is alleged that younger son of petitioner No.1, Fauda Munda was ill, as such, they were apprehending that the deceased was playing black magic and it is alleged that these petitioners came to the house of the informant in-search of the deceased, but did not find her and subsequently no body has seen these petitioners with the deceased nor there was any eye-witness to the occurrence and on recovery of dead-body, an FIR has been lodged against five named accused persons on suspicion.

Learned counsel for the petitioners has further submitted that the Police has recorded statement of the informant at Para-7 of the case diary, confessional statement of the co-accused, Khudia Munda at Para-29 of the case diary and post- mortem report at Para-42 of the case diary, but there is no material with regard to any recovery pursuant to the confession, as such, confession before the Police is not admissible under the law.

Learned counsel for the petitioners has further submitted that petitioners are in custody since 28.09.2019, as such, petitioners may be enlarged on bail as the case is under trial vide S.T. No.78 of 2020 and the charge has already been framed. Learned counsel for the State has opposed the prayer for bail and has submitted that these petitioners were searching the deceased and they have confessed their guilt. From the post-mortem report, it appears that the deceased was brutally killed, as such, these petitioners may not be enlarged on regular bail who might have involvement in commission of the offence.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the facts and circumstances of the case and since the petitioners have been apprehended on suspicion and they were named in the FIR on suspicion, as such, this Court is inclined to grant Bail to the petitioners. Accordingly, petitioners (Fauda Munda and Rushu Munda), are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned A.J.C- XV-cum-FTC (CAW), Ranchi in connection with Namkum P.S. Case No.274 of 2019, corresponding to S.T. No.78 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Kitni Kumari, D/o Fauda Munda, R/o- Village- Barudih, P.O.- Tetri, P.S.- Namkum, District- Ranchi (Jharkhand), who has furnished photocopy of her UID Card bearing No.5626 5355 9655 before this Court in the bail application. Office is directed to send photo copy of the UID Card bearing No. 5626 5355 9655 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Petitioners are also directed to appear before the learned trial court on each and every date till conclusion of the trial.

(iii) The Jail Authority shall release the petitioners only after their medical check-up.

(iv) The Civil Surgeon, Ranchi is directed to medically examine the petitioners at the time of their release and if requires, petitioners shall be taken for quarantine, but if no such requirement is there, they shall be released forthwith, if not wanted in any other case.

(v) Petitioners shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.