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Kunal Kumar Choudhary @ Kunal Kumar. vs The State of Jharkhand

Jharkhand High Court · Decided on 10 July 2017 · Citation: (2017) 07 JH CK 0021

HON’BLE JUDGES
Shree Chandrashekhar
RESULT
Allowed
CASE NUMBER
5053 of 2017

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Judgment

24 paragraphs · 242 words
1.

Heard the learned counsels appearing for the parties and

perused the documents on record.

2.

Contending that there is no eye-witness to the alleged

occurrence in which one Soni Kumari Bhalotia was killed and the

informant namely, Mansukh Lal Sultania who allegedly claimed that

he saw the petitioner and two other boys coming to his house

asking about his son has turned hostile, Sri B.M. Tripathy, the

learned Senior counsel for the petitioner contends that pending trial

in S.T. No.77 of 2017, the petitioner deserves grant of bail. The

petitioner is in judicial custody since 12.07.2016.

3.

Mrs. Lily Sahay, the learned APP opposed the prayer for

bail stating that most of the witnesses have already been examined.

4.

In view of the fact that the informant has been declared

hostile to the prosecution and having regards to the facts and

circumstances of the case, the petitioner, above-named, is directed

to be released on bail on furnishing bail bond of Rs.10,000/-

(Rupees ten thousand) with two sureties of the like amount each to

the satisfaction of the learned Additional Sessions Judge-II, FTC,

Bokaro in connection with Chas P.S. Case No.179/2016

corresponding to G.R. No. 963/2016 (S.T. No.77 of 2017), with the

condition that he shall remain physically present in the trial court on

each and every date except, for special circumstances.

5.

The instant application is allowed. Let a copy of the order

be transmitted to the trial Court through ''Fax''.