Dilip Tuddu Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7616 of 2013 Dilip Tuddu ........ Petitioner Versus The State of Jharkhand ...... Opp. Party --- CORAM: HON’BLE MR. JUSTICE P.P.BHATT For the Petitioner : M/s Dhananjay Kr. Dubey, Sudhanshu Shekhar Chy., Ashish Kr. Thakur, Advs. For the Opp. Party : A.P.P. - -- 02/21.09.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Mahagama P.S. Case No. 156 of 2010, corresponding to G.R. No. 1183 of 2010 as well as T.R. No. 308/2011 and S.C. Case No. 40/2012 for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned Addl. Sessions Judge, 1st, Godda. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner submitted that the present petitioner has not committed offence as alleged and he has falsely been implicated in this case. It is further submitted that the name of the present petitioner has been disclosed in this case from the confessional statement of co- accused. It is further submitted that the other co-accused persons, whose names have been disclosed during the confessional statement of co-accused, namely, Patras Besra @ Patras Soren, Manager Kishku and Premlal Soren have been enlarged on bail by this Hon'ble Court in B.A. Nos. 4385 of 2011 and 1298 of 2011 vide orders dated 15.7.2011 and 29.3.2011, respectively. It is also submitted that the main accused, namely, Samsuddin Ansari and other accused persons, namely, Pranav Kumar Dutta @ Pranab Kumar Dutta @ Pranav Dutta and Manas Kumar Dutta @ Manas Dutta have been granted anticipatory bail by this Court in ABA Nos. 373 of 2011 and 165 of 2011 vide orders dated 27.4.2011 and 28.2.2011, respectively. The learned A.P.P. appearing on behalf of State has opposed the prayer for bail of the petitioner but has not controverted the above facts. Having regard to the aforesaid facts and circumstances of the case on the ground of parity, the petitioner, Dilip Tuddu is directed to be enlarged on bail, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Addl. Sessions Judge, 1st, Godda in connection with Mahagama P.S. Case No. 156 of 2010, corresponding to G.R. No. 1183 of 2010 as well as T.R. No. 308/2011 and S.C. Case No. 40/2012, subject to the following conditions:

1. that applicant shall attend in accordance with the conditions of the bond executed under chapter XXXIII of the Code of Criminal Procedure, 2. that the applicant shall make himself available for interrogation by a police officer as and when required, 3. that applicant shall not commit an offence similar to the offence of which he is accused, 4. that applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence, 5. that the applicant shall mark his presence before the concerned police station in any day of the first week of every month till the commencement of trial, and 6. that the applicant shall not leave India without the previous permission of the Court. (P.P. Bhatt, J.) Anu/-