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Judgment
Opposing the prayer for grant of bail in S.T. No. 180 of 2017, Mr. V.S. Prasad, the learned APP submits that there is no fresh ground pleaded by the petitioner after his previous attempt vide B.A. No.4492 of 2017 failed on 19.07.2017.
Mr. J.S. Singh, the learned counsel for the petitioner submits that after charges were framed against the accused persons on 07.06.2017 in G.R. Case No.365 of 2017 corresponding to Katras (East Basuria) P.S. Case No.24 of 2017 which was registered for offence punishable under Section 366 IPC, trial in S.T. No. 180 of 2017 has not progressed and, in fact, the matter was posted on as many as 10 occasions, however, prosecution has failed to produce any of its witnesses.
It is contended that for an offence for which maximum sentence prescribed is 10 years, the petitioner who has remained in judicial custody since 06.02.2017, in the facts of the case, is entitled for grant of bail. It is submitted that the victim who is a major married woman could not have been forced to marry the petitioner against her will and, in fact, when she was produced in the police station she never made any complaint against the petitioner.
The learned counsel for the petitioner has referred to decision in "Hussain & Anr. Vs. Union of India" reported in
(2017) 5 SCC 702 to contend that speedy trial is an essential part of Article 21 of the Constitution of India.
In the facts and circumstances of the case, the petitioner namely, Birendra Chouhan @ Birendra Kumar Chouhan, 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, Dhanbad in connection with Katras (East Basuria) P.S. Case No.24 of 2017 corresponding to G.R. No.365 of 2017 on the following conditions:
(i) one of the bailers shall be class-I legal heir of the petitioner,
(ii) he shall appear before the trial court on each and every date during trial, and
(iii) he shall not change his place of residence which shall be physically verified by the investigating officer and a report thereof shall be filed before the trial court.
And on default of any of the conditions for grant of bail, the prosecution shall file an application for cancellation of bail of the petitioner.
The instant application is allowed. Let a copy of the order be transmitted to the trial Court through "FAX".