High CourtsSingle Bench

Mahadeo Swansi vs State Of Jharkhand

Jharkhand High Court · Decided on 14 December 2020 · Citation: (2020) 12 JH CK 0104

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 365, 366, 370, 372, 373, 374
RESULT
Allowed
CASE NUMBER
Bail Application No. 9723 Of 2020
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Judgment

19 paragraphs · 409 words

Heard the parties through video conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the

lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with S.T. No.110 of 2020 arising out of Khunti AHTU P.S. Case No.1 of 2013

(G.R. No.299 of 2013) registered under sections 365/366/370/372/373/374 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in trafficking boys. It is

further submitted that the allegations against the petitioner are all false and drawing attention of this Court to page no.14 of the brief, which is the copy

of the affidavit sworn by Joseph Nag- who is the father of the victim Rustam Nag, it is submitted by the learned counsel for the petitioner that in his

said affidavit, the father of the victim has categorically stated that the victim had gone voluntarily to Delhi. It is then submitted that the alleged victim

concerning this petitioner namely- Rustam Nag @ Silvestar Nag was working at New Delhi continuously and in the vacations he comes home to his

village also and nobody has enticed the victim to anywhere, as stated by the father of the same victim in the said affidavit. It is next submitted that the

petitioner has been in custody since 18.07.2020 as has been mentioned in paragraph no. 14 of the bail application. It is lastly submitted that the

petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees

Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Khunti, in connection with

S.T. No.110 of 2020 arising out of Khunti AHTU P.S. Case No.1 of 2013 (G.R. No.299 of 2013) with the condition that the petitioner will cooperate

with the trial of the case.