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Judgment
35 paragraphs · 333 wordsHeard the learned counsels appearing for the parties and
perused the documents on record.
The petitioner has been made an accused in S.T. Case
No.74 of 2017 arising out of Bharno P.S. Case No.37 of 2016,
corresponding to G.R. Case No.899 of 2016, registered for offences
punishable under sections 302/34 of I.P.C .
Referring to order dated 19.06.2017 in B.A. No.4136
of 2017, whereby two of the accused persons namely, Dashrath
Oraon and Shiv Oraon have been granted bail by this Court, the
learned counsel for the petitioner submits that allegations against
the petitioner is similar to what has been alleged against those two
accused persons. It is further submitted that the prosecution case
against the petitioner and the above two accused persons rests on
the evidence of three witnesses namely, Biru Oraon, Etwa Oraon
and Dilip Oraon, however, these witnesses have not supported the
prosecution case. In the above facts, the learned counsel for the
petitioner submits that the petitioner deserves benefit of parity in
grant of bail.
The learned APP has opposed the prayer for grant of
bail, however, he has not disputed that the prosecution case against
this petitioner is mainly founded on evidence of the above-named
three witnesses.
Having regard to order granting bail vide B.A. No.4136
of 2017 and having regard to the facts and circumstances of the case,
the petitioner, Bande Oraon, 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-V, Gumla in connection with Bharno P.S.
Case No.37 of 2016, corresponding to G.R. No.899 of 2016 (S.T.
No.74 of 2017), on following conditions:
(i) he shall appear before the trial court, regularly, and
(ii) he shall not change his place of residence without prior
permission of the court.
The instant application is allowed. Let a copy of the order
be transmitted to the trial Court through ''Fax''.