High CourtsSingle Bench

Sandeep Kullu @ Demba Kullu vs The State of Jharkhand

Jharkhand High Court · Decided on 5 January 2018 · Citation: (2018) 01 JH CK 0045

HON’BLE JUDGES
Ratnaker Bhengra
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-164>Section 164</a> - Recording of confessions and statements
CASE NUMBER
9722 of 2017

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Judgment

13 paragraphs · 272 words
1.

Learned counsel for the petitioner has submitted that petitioner had earlier approached this Court by filing bail application bearing B.A. No.

2583 of 2017 and this Court has rejected his bail application vide order dated 01.05.2017 observing that one of the witnesses namely Mathe

Indwar had stated in his statement u/s 164 Cr.P.C. that Sandeep and one another accused had played vital role in commission of the offence.

Learned counsel for the petitioner, while pointing out the evidence of Mathe Kharia/ Indwar, has submitted that in para-4 of his deposition, he has

deposed that police had forcibly taken his statement. Further, he has refused to recognize any of the accused. Moreover, learned counsel has

submitted that other accused persons, namely, Gujru Toppo, Anil Minz and Ghesru Indwar have been granted bail by different Bench of this Court

vide orders dated 20.01.2017, 09.06.2016 and 11.10.2017 respectively. Therefore, the petitioner may be released on bail.

2.

Learned A.P.P. appearing on behalf of the State has opposed the bail application, but, has not disputed the cited bail orders.

3.

Having heard the learned counsel for both the sides, gone through the records and in the facts and circumstances, present petitioner, named

above, is ordered to be released on bail on executing bail bonds of Rs. 20,000/- (Rs. twenty thousand) with two sureties of the like amount each

to the satisfaction of the learned Addl. Sessions Judge-V, Gumla in connection with Basia P.S. Case No. 17/2016, corresponding to G.R. No.

300/2016 (S.T. No.248/2016) with the condition that he will appear regularly in the hearing in trial before the court-below unless dispensed with

by the court-below.