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Judgment
Alok Singh
Present application is moved seeking regular bail in connection with Simdega P.S. Case No. 99 of 2012 corresponding to G.R. No. 350 of 2012 registered under Sections 302/ 201/ 34 of the Indian Penal Code and Sections 3/ 4 of the Prevention of Witch (Dain) Practice Act. Mr. Nanda, learned counsel for the petitioner submits that there is inordinate delay of seven days in lodging the F.I.R. He has further submitted that after investigation, charge sheet has already been submitted in the present case. Mr. Nanda further argues that prosecution story does not inspire confidence and statements of Ghurni Devi are after thought.
Learned counsel for the petitioner has placed reliance on the Judgment of 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 C.J.M., Simdega in connection with Simdega P.S. Case No. 99 of 2012 corresponding to G.R. No. 350 of 2012.