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2025 DAILYLAW 17085 (JHR)

ASHA DEVI v. THE STATE OF JHARKHAND

B.A./5296/2025 · 2025-07-02

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:17608] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5296 of 2025 ------ Asha Devi, aged about 40 years W/O Yamuna Prajapati, r/o Village- Basariya Kala, P.O. & P.S. Chainpur, District- Palamau, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Faruque Ansari, Advocate For the State : Mr. Ajay Kr. Pathak, Addl.P.P ------ Order No.02 Dated-02-07-2025 Heard the parties. The petitioner has been made accused in connection with Sessions Trial No.92 of 2025 arising out of Chainpur P.S. Case No.302 of 2023 registered for the offence punishable under Section 302, 201, 34 of the Indian Penal Code and Section 3, 4 of the Prevention of Witch (Daain) Practices Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed murder of Lalita Kunvar by calling her Daain. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner is a female. It is then submitted that the petitioner has been in custody since 18.12.2024 as is evident from para-1 of the instant bail application. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that the prayer for bail of the co-accused has already been rejected by a Co-ordinate Bench of this Court vide order dated 24.01.2025 passed in B.A. No.530 of 2025. It is next submitted that in view of direct and specific allegation against the petitioner of committing murder of Lalita Kunvar, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegation against the petitioner and chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the bail of the above named petitioner. Accordingly, the prayer for bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/