Tejo Das vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos.4, 5(e) and 9(i) to (v) in the bail application as pointed out by the stamp reporting dated 25.08.2020 but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner and petitioner is in custody since 19.02.2018.

Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defects within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. Anjani Kr. Singh and learned counsel for the State, Ms. Anuradha Sahay,.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Giridih(M) P.S. Case No.328 of 2017, corresponding to G.R. No.2551 of 2017, S.T. No.187 of 2018 for the offence registered under Sections 376/452 IPC.

Learned counsel for the petitioner has submitted that though petitioner is named in the FIR with a serious allegation of committing rape with his own younger sister-in-law but during the trial the informant who has been examined as P.W.2 and mother-in-law of the informant, husband of the informant and other relatives of the informant who have been examined as P.Ws.1, 3, 4 and 5 have been declared hostile by the prosecution.

Learned counsel for the petitioner has further submitted that charge has been framed on 12.07.2018 and the last witness has been examined on 19.07.2019. Learned counsel for the petitioner has further submitted that petitioner is in custody since 19.02.2018, but the material witness including the informant has not supported the case of the prosecution.

Learned counsel for the State has opposed the prayer for bail and has submitted that though the victim as P.W.2 and other witnesses, P.Ws.1, 3, 4 and 5 have not supported the case of the prosecution but during trial the victim has alleged against the petitioner in her statement recorded under Section 164 Cr.P.C., as such, petitioner may not be enlarged on regular bail.

Heard, learned counsel for the parties and perused the materials brought on record. Since the witnesses have not supported the case of the prosecution and petitioner is in custody since 19.02.2018, as such, petitioner (Tejo Das), 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 Principal Sessions Judge, Giridih in connection with Giridih(M) P.S. Case No.328 of 2017, corresponding to G.R. No.2551 of 2017, S.T. No.187 of 2018 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Shiv Shankar Kumar Mandal, S/o Akal Mandal, R/o Village+P.O.- Chiknadih P.S.- Deori, District- Giridih, who has furnished photocopy of his UID Card bearing No.4117 3677 9303 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 4117 3677 9303 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father/mother/son/sister/brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court shall cancel the bail bonds of the petitioner.

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

(v) The Civil Surgeon, Giridih is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) 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.