Jharkhand High Court: Rajesh Shankar J., held that the petitioner was in judicial custody for more than a year; hence he is inclined to enlarge the petitioner on bail.
The petitioner was accused under Section 376 of the Penal Code, 1860.
The counsel for the petitioner, Om Prakash Singh submitted that the bail application of the petitioner was earlier rejected by this Court vide order dated 25-07-2019 and the petitioner has renewed his prayer for regular bail primarily due to the reason that he is in judicial custody since 18-01-2019 and only 03 charge-sheet witnesses out of 11 have been examined in the trial. The victim of the case has already been examined in the trial as PW-1. Hence they prayed for regular bail on ground of length of judicial custody
The counsel for State, Ranjit Kumar opposed the prayer.
The Court held that the victim of the case has already been examined in the trial and that the petitioner was in judicial custody for more than a year, hence he is inclined to enlarge the petitioner on bail on furnishing bail bond of Rs 20,000 with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Chatra subject to the condition that the petitioner shall co-operate in the trial and shall appear before the trial court on each and every date fixed in the trial till conclusion of the same.
In view of the above, the bail was granted. [Jaglal Bhuiyan v. State of Jharkhand, 2020 SCC OnLine Jhar 216, decided on 28-02-2020]