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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''.