Neelam Tirkey vs State Of Jharkhand

Heard, learned counsel for the petitioner, Md. Zaid Ahmed and learned counsel for the State, Mr. Shailesh Kr. Sinha.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Bano P.S. Case No.10 of 2020,

corresponding to G.R. No.142 of 2020, for the offence registered under Sections 302, 201 & 34 IPC.

Learned counsel for the petitioner has submitted that petitioner is not named in the FIR and on the basis of confession made by Lalu Tirkey husband

of this petitioner, who confessed his guilt and disclosed the involvement of the petitioner in carrying the dead body, this petitioner has been made

accused. Learned counsel for the petitioner has further submitted that there is no involvement of the petitioner in the alleged offence except the

confessional statement of the co-accused, Lalu Tirkey in taking away the dead body of the deceased.

Learned counsel for the petitioner has further submitted that petitioner is a lady and she is in custody since 26.06.2019, as such, she may be enlarged

on bail.

Learned counsel for the State has opposed the prayer for bail but has not disputed the factual aspect of the matter.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the facts and circumstances of the case, it

appears that deceased had pushed the petitioner due to which this petitioner has sustained injury and considering the period of custody of the petitioner

i.e. 26.09.2019, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Neelam Tirkey), is directed to be released on bail on

furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Magistrate, 1st Class, Simdega in connection with Bano P.S. Case No.10 of 2020, corresponding to G.R. No.142 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Ganesh Banwar, S/o Durga Banwar, R/o Lakhuapada, Khatkurbahal,

P.O. & P.S.- Khatkurbahal, District- Sundargarh (Odisha), who has furnished photocopy of his UID Card bearing No.8402 2144 9513 before this

Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 8402 2144 9513 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be mother/father/brother/sister/son.

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

(iv) The Civil Surgeon, Simdega is directed to medically examine the petitioner at the time of her release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, she shall be released forthwith, if not wanted in any other case.

(v) Petitioner 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.