Subhash Ray vs State Of Jharkhand

Deepak Roshan, J

Heard learned counsel for the parties.

The instant application has been preferred by the petitioner for grant of regular bail for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307 & 504 of the Indian Penal Code and under Section 27 of Arms Act.

Learned senior counsel for the petitioner submits that petitioner has falsely been implicated in this case and the allegation whatsoever which has been made against this petitioner is concocted and afterthought. He further submits that the petitioner and the informant are from the same locality. As a matter of fact they have also compromised the differences between them as such so far as of this petitioner is concerned he may be enlarged on bail.

Learned counsel for the informant and learned APP for the State supports the contention and compromise has been arrived at between the parties to live happily.

Having regard to the facts of the case and the nature of allegation made against this petitioner coupled with the fact that petitioner and the informant have entered into the compromise, as such, I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail. The petitioner shall furnish bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dhanbad, in connection with Katras P.S. Case No. 110 of 2018.

It is made clear that the bail is granted to the petitioner subject to following conditions:

i) After commencement of trial the petitioner shall appear on each and every date before the learned trial court and shall co-operate during the trial.

ii) The petitioner shall not do any act to threaten the witnesses.

If any of the condition is not complied, learned trial court would be at liberty to cancel the bail of the petitioner.