Niyarzan Hembrom vs The State of Jharkhand

Heard the learned counsels appearing for the parties and perused the documents on record.

The petitioner has been made an accused in Tonto P.S. Case No. 15 of 2016 (S.T. No. 196 of 2016), registered for offence under Section 147/149/341/342/323/354B/376D IPC and 3/4 of Witch (Daain) Practice Prevention Act, 2001. Contending that specific allegation of committing rape has been levelled against co-accused-Ramesh Laguri and Mangal Singh Laguri and there is no specific overt act attributed to the petitioner, the learned counsel for the petitioner submits that the petitioner, who is in judicial custody since 16.06.2016, deserves bail in the instant case. It is stated that charges have already been framed. In her statement recorded under Section 164 Cr.P.C . also, the informant has not made any specific allegation against the petitioner.

Mr. Arun Kr. Pandey, the learned APP has opposed the prayer for grant of bail.

Having regard to the aforesaid facts and circumstances of the case, the petitioner, namely, Bahadur Singh Laguri @ Bahadhur Singh Laguri, 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-IV, Chaibasa in connection with Tonto P.S. Case No. 15 of 2016 corresponding to G.R. No. 232 of 2016 (S.T. No. 196 of 2016), on the following conditions :

(i) he shall remain physically present on each and every date during the trial, except for special circumstances, in which the petitioner shall move an appropriate application in the trial court seeking exemption from appearance, 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''.