MD. JABBAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has been made accused in connection with Hanwara, P.S. Case No. 56 of 2023 registered under Sec. 323, 325, 307, 34 of Indian Penal Code, pending in the Court of Learned Sub Judge III cum Judicial Magistrate 1st Class, Godda. As per F.I.R., when the informant was constructing his house, petitioner and Md. Kalim and wife of Md. Kalim armed with deadly weapons i.e. kudal, iron rod and stick reached the place of construction and inflicted kudal over the informant with intention to kill. The petitioner had inflicted iron rod blow on the head of the informant's wife.

(2.) Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. There is case cand counter-case between the parties. The injuries are simple in nature. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 1/4/2024 without any rhymes and reasons. Hence, the petitioner may be enlarged on bail. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. Hence, the petitioner may not be enlarged on bail. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000.00(Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of Learned Sub Judge III cum Judicial Magistrate 1st Class, Godda in connection with Hanwara, P.S. Case No. 56 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(3.) In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.