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Judgment
Alok Singh
Present application is moved seeking regular bail in connection with Chirkunda P.S. Case No. 109 of 2012 corresponding to G.R. No. 1422 of 2012 registered under Sections 348/ 386 of the Indian Penal Code. As per the prosecution story, when the informant was raising the boundary wall, in the meantime, the petitioner along with other accused persons, threatened him not to construct the wall, however, after taking permission from the C.O., Nirsa, the informant again started raising the wall, then the accused persons came and stopped the work and demanded Rs. 4 Lakhs from him.
Learned counsel appearing for the petitioner submits that the petitioner is in judicial custody w.e.f. 20th April, 2012 and after investigation, charge sheet has already been submitted. Further contends that prosecution story is totally improbable. He has placed reliance on the judgment of the Hon''ble Apex Court in the case of State of Kerala Vs. Raneef, , wherein, the Hon''ble Apex Court, in para 15 has observed as under:
In deciding bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. Often this takes several years, and if the accused is denied bail but is ultimately acquitted, who will restore so many years of his life spent in custody....
Considering the totality of the facts and circumstances of the case, I direct that let the petitioner be released on bail on furnishing personal bond and two sureties of Rs. 10,000/- each to the satisfaction of Sri S.K. Dubey, J.M., 1st class, Dhanbad, or his successor, in connection with Chirkunda P.S. Case No. 109 of 2012 corresponding to G.R. No. 1422 of 2012.