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2025 DAILYLAW 25817 (JHR)

MANGLA PAHARIYA ALLIAS MANGALA PAHADIYA v. THE STATE OF JHARKHAND

Cr.A(DB)/1136/2025 · 2025-09-23

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:29430-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1136 of 2025 Mangla Pahariya @ Mangala Pahadiya ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Appellant : Mr. S. S. Choudhary, Advocate For the State : Mr. Anup Pawan Topno, A.P.P. --- Order No. 02 Dated 23rd September, 2025 Heard the learned counsel for the respective sides. This appeal is directed against the order dated 26.08.2025 passed in Bail Petition No. 262 of 2025 arising out of AHTU P.S. Case No. 03/2024 by the learned Additional Sessions Judge-I, Sahibganj, whereby and whereunder, the prayer for bail of the appellant has been rejected. It has been alleged that the daughter of the informant was taken away by one Abid Alam sometimes in May, 2019 on the pretext of getting her employed. It has further been alleged that Abid Alam was running a placement agency and after one year of taking away of the daughter of the informant, the conversation between the informant and his daughter stopped and when the informant went to Delhi in search of his daughter, she could not be traced out. Submission has been advanced by the learned counsel for the appellant that the entire allegation of taking away the daughter of the informant rests upon Abid Alam who runs a placement agency. It has been submitted that there is no iota of evidence against the appellant in any form indicating about the involvement of the appellant in human trafficking. Learned counsel submits that the appellant is in custody since 03.06.2025. Learned APP as well as the learned counsel for the informant have opposed the prayer for bail of the appellant. Learned APP has submitted that the victim daughter of the informant has still not been traced out. So far as the informant is concerned, learned counsel submits that he does not have any objection if the appellant is granted bail on account of the fact that he had alleged only against Abid Alam of taking away his daughter. On consideration of the fact that the main allegation has been levelled against Abid Alam and the appellant seems to have been implicated primarily on account of suspicion, we while setting aside the order dated 26.08.2025 passed in Bail Petition No. 262 of 2025 arising out of AHTU P.S. Case No. 03/2024 by the learned Additional Sessions Judge-I, Sahibganj, direct that the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with AHTU P.S. Case No. 03/2024. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) 23.09.2025 MK Page|2