Md. Abdul Fatah vs The State of Jharkhand & Ors

Heard the learned counsels appearing for the parties and perused the documents on record.

The petitioner has been made an accused in S.T. Case No.74 of 2017 arising out of Bharno P.S. Case No.37 of 2016, corresponding to G.R. Case No.899 of 2016, registered for offences punishable under sections 302/34 of I.P.C .

Referring to order dated 19.06.2017 in B.A. No.4136 of 2017, whereby two of the accused persons namely, Dashrath Oraon and Shiv Oraon have been granted bail by this Court, the learned counsel for the petitioner submits that allegations against the petitioner is similar to what has been alleged against those two accused persons. It is further submitted that the prosecution case against the petitioner and the above two accused persons rests on the evidence of three witnesses namely, Biru Oraon, Etwa Oraon and Dilip Oraon, however, these witnesses have not supported the prosecution case. In the above facts, the learned counsel for the petitioner submits that the petitioner deserves benefit of parity in grant of bail.

The learned APP has opposed the prayer for grant of bail, however, he has not disputed that the prosecution case against this petitioner is mainly founded on evidence of the above-named three witnesses.

Having regard to order granting bail vide B.A. No.4136 of 2017 and having regard to the facts and circumstances of the case, the petitioner, Bande Oraon, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Gumla in connection with Bharno P.S.

Case No.37 of 2016, corresponding to G.R. No.899 of 2016 (S.T.

No.74 of 2017), on following conditions:

(i) he shall appear before the trial court, regularly, and

(ii) he shall not change his place of residence without prior permission of the court.

The instant application is allowed. Let a copy of the order be transmitted to the trial Court through "Fax".