Karampaljee @ Karampal Ganjhu @ Danveer @ Nitesh Ganjhu vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rajesh Kr. Singh and learned counsel for the State, Mrs. Priya Shrestha.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Katkamsandi P.S. Case No.29 of 2016, corresponding to G.R. Case No.611 of 2016, for the offence registered under Sections 364/34 IPC, Section 17 of Criminal Law Amendment Act, subsequently Section 302/201 IPC has been added.

Learned counsel for the petitioner has submitted that petitioner is in custody since 23.01.218 and the counter-affidavit has not been filed by the State though this Court has granted many adjournments to file counter- affidavit vide orders dated 06.03.2020, 19.05.2020 and 19.06.2020, but the counter-affidavit has not been filed.

Learned counsel for the petitioner has further submitted that co-accused, Charku Singh Bhokta @ Etraj Ganjhu has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 25.04.2017 in B.A. No.1299 of 2017, co-accused, Mahender Ganjhu @ Mahendra Ganjhu @ Palta has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 08.06.2017 in B.A. No.2895 of 2017, co-accused, Rajesh Ganjhu @ Bandhan Jee has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 09.07.2020 in B.A. No.3847 of 2020, co-accused, Nitesh Kumar Yadav has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 25.11.2017 in B.A. No.7449 of 2017 and co- accused, Kuldeep Singh Bhogta @ Deepak Ganjhu @ Latan @ Deepak Jee has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 01.10.2018 in B.A. No.7362 of 2018, as such, petitioner may also be enlarged on regular bail on putting any stringent conditions. Learned counsel for the State has opposed the prayer for bail and has submitted that she has received the materials and prayed for further time to file counter-affidavit. However, she stated that petitioner is accused in 13 cases, out of which in three cases, petitioner has been acquitted in two cases he is on bail, five cases are pending for evidence and two cases are pending for investigation before the Jharkhand Police and rest one case has been transferred to the National Investigating Agency, as such, time may be granted to file counter-affidavit.

After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that this Court has granted many adjournments to file counter-affidavit to the State vide orders dated 06.03.2020, 19.05.2020 and 19.06.2020, but the counter-affidavit has not been filed till today. Now this Court is not inclined to extend any further time to the State to file counter- affidavit as more than six months have elapsed and this Court could pass order because of non- cooperation made by the investigating officer. Under the aforesaid circumstances, the Superintendent of Police, Hazaribag is directed to look into such matters wherein cases are pending before this Court for non-compliance of the order by the investigating officers, as such, he should be vigilant in such matters henceforth. Considering the rival submissions of the parties and considering custody of the petitioner i.e. 23.01.218 and considering the fact that co-accused, Charku Singh Bhokta @ Etraj Ganjhu has been granted regular bail passed by co- ordinate Bench of this Court vide order dated 25.04.2017 in B.A. No.1299 of 2017, co-accused, Mahender Ganjhu @ Mahendra Ganjhu @ Palta has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 08.06.2017 in B.A. No.2895 of 2017, co-accused, Rajesh Ganjhu @ Bandhan Jee has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 09.07.2020 in B.A. No.3847 of 2020, co-accused, Nitesh Kumar Yadav has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 25.11.2017 in B.A. No.7449 of 2017 and co- accused, Kuldeep Singh Bhogta @ Deepak Ganjhu @ Latan @ Deepak Jee has been granted regular bail passed by co-ordinate Bench of this Court vide order dated 01.10.2018 in B.A. No.7362 of 2018, this Court in absence of counter-affidavit, is inclined to grant bail to the petitioner. Accordingly, petitioner (Karampaljee @ Karampal Ganjhu @ Danveer @ Nitesh Ganjhu), 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 Additional Sessions Judge-IXth, Hazaribag in connection with Katkamsandi P.S. Case No.29 of 2016, corresponding to G.R. Case No.611 of 2016 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Manoj Kumar Bhogta, S/o Bandhu Singh Bhogta, R/o Village- Barwatola, (Barwadih) P.O. & P.S.- Simaria, District- Chatra, who has furnished photocopy of his UID Card bearing No.5415 5065 0888 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 5415 5065 0888 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be mother/son/sister/brother.

(iii) Petitioner is directed to appear before the officer-in-charge, Katkamsandi police station on 01st Monday of each English Calendar month till conclusion of the trial.

(iv) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial.

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

(vi) The Civil Surgeon, Hazaribag 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.

(vii) 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.

However, learned trial court is directed to expedite the trial. Let a copy of this order be communicated through FAX to the Superintendent of Police, Hazaribag at once.