SANDEEP KUMAR BARAIK ALIAS SANDEEP KUAR BARAIK v. THE STATE OF JHARKHAND
Cr.A(DB)/40/2025 · 2025-01-28
Deepak Roshan, Rongon Mukhopadhyay
Criminal Appealbody2025
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[ 2025 DAILYLAW 2956 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 2956 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (D.B.) No. 40 of 2025
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Sandeep Kumar Baraik @ Sandeep Kuar Baraik son of Munna Baraik, R/o Village Amwatoli, PO & PS Mahuadanr, District Latehar (Jharkhand)
… … Appellant
Versus The State of Jharkhand
… … Respondent
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellant : Mr. Ramesh Kumar, Advocate
For the Respondent : Mrs. Anuradha Sahay, A.P.P.
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2/28.01.2025 Heard Mr. Ramesh Kumar, learned counsel appearing for the appellant and Mrs. Anuradha Sahay, learned A.P.P. appearing for the State.
This appeal is directed against the order dated 10.12.2024 passed in Misc. Criminal Application No. 764 of 2024 by the learned Additional Sessions Judge II, Latehar whereby and whereunder the prayer for bail of the appellant has been rejected.
The appellant had earlier moved this court for grant of bail in Criminal Appeal (D.B.) No. 377 of 2024 which however was rejected at that stage vide order dated 09.05.2024.
Submission has been advanced by the learned counsel for the appellant that the appellant is in custody since 19.06.2023. It has further been submitted that most of the prosecution witnesses have been examined, but for the last one year, no further examination has been done of the witnesses on account of which the appellant is languishing in judicial custody.
Mrs. Anuradha Sahay, learned A.P.P. has opposed the prayer for bail and has submitted that the appellant was primarily responsible for trafficking the daughter of the informant.
Regard being had to the period of custody undergone by the appellant, we while setting aside the order dated 10.12.2024 passed in
-2- Misc. Criminal Application No. 764 of 2024 by the learned Additional Sessions Judge II, Latehar, direct that the appellant above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge II, Latehar in connection with S. T. No. 275 of 2023 arising out of Mahuadanr P. S. Case No. 95 of 2022, subject to the condition that the appellant shall remain physically present on each and every date before the learned trial court till the conclusion of the trial.
This appeal is allowed.
(Rongon Mukhopadhyay, J.)
(Deepak Roshan, J.) R. Shekhar Cp 3