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2025 DAILYLAW 16779 (JHR)

ASHOK PRASAD v. THE STATE OF JHARKHAND

B.A./5666/2025 · 2025-07-11

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:19015 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5666 of 2025 ------ Ashok Prasad, aged about 37 years, son of Late Nandan Saw @ Nandan Prasad, resident of Village –Nawatand, P.O. & P.S. –Nawadiha Bazar, Dist.-Palamau, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Krishna Murari, Advocate For the State : Mr. Pankaj Kr. Mishra, Addl. P.P. For the Informant : Mr. Raj Vardhan, Advocate ------ Order No.02 Dated- 11.07.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Pratappur P.S. Case No.140 of 2024 registered for the offences punishable under sections 103(1), 351(2), 351(3), 352 & 3(5) of the B.N.S., 2023 and under Section 3/4 of the Prevention of Witch (Daain) Practices Act and also under Section 27 of the Arms Act. The learned counsel for the petitioner submits that this is the second journey of the petitioner with the prayer for regular bail and earlier the prayer for regular bail of the petitioner was rejected vide order dated 21.04.2025 in B.A. No. 3038 of 2025. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the informant that the fresh ground is that a compromise has been entered into between the parties. In this respect, the learned counsel for the petitioner and the learned counsel for the informant jointly draws the attention of this Court to Interlocutory Application No. 8622 of 2025 which is supported by the separate affidavits of the Pairvikar of the petitioner and the informant and submits that therein it has been mentioned that the parties have compromised the case outside the court and the informant has categorically stated that the informant now believes that the petitioner has falsely been implicated in this case due to prior disputed between the parties and also due to pressure exerted by the neighbours who were having enmity with the petitioner. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the charge sheet has already been submitted. It is next submitted that the petitioner has been in custody since 23.12.2024, as has been mentioned in paragraph no. 01 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Pratappur P.S. Case No.140 of 2024 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Consequently, Interlocutory Application No. 8622 of 2025 is also disposed of. (Anil Kumar Choudhary, J.) Sonu-Gunjan/