ASHISH KUMAR GUPTA @ ASHISH SAO v. STATE OF JHARKHAND
B.A./2059/2025 · 2025-06-24
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7345 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7345 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:16757] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.2059 of 2025
------ Ashish Kumar Gupta @ Ashish Sao, aged about 32 years, S/o Virendra Prasad, R/o Village- Chapri, PO & PS- Bhawnathpur, District- Garhwa, Jharkhand. .... .... …. Petitioner
Versus The State of Jharkhand
.... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Sheo Kr. Singh, Advocate
For the State
: Mr. Bishambhar Shastri, Addl.P.P
------
Order No.03 Dated- 24-06-2025 I.A. No.5452 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer for early hearing of the instant bail application.
Since, the hearing of instant bail application is taken up today, hence, this interlocutory application stands rejected being infructuous.
(Anil Kumar Choudhary, J.) B.A. No.2059 of 2025
The petitioner has been made accused in connection Bhawnathpur P.S. Case No.142 of 2024 corresponding to G.R. Case No.487 of 2024 (S.T. Case No.331 of 2024) registered for the offences punishable under Section 80 (2), 3 (5) of the B.N.S., 2023 but charge has been framed under Section 103 (1)/ 108 of the B.N.S., 2023.
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 the dowry death of his wife. It is submitted that the allegation against the petitioner is false. It is next submitted that charge has been submitted against the petitioner for abetting the suicide of his wife for the
offence punishable under Section 103 (1)/ 108 of the B.N.S., 2023. Drawing attention of this Court towards Annexure-3 which is the deposition of the informant in the case, learned counsel for the petitioner submits that therein the informant has categorically stated that the deceased wife of the petitioner died during the course of her treatment in the hospital at Garhwa and he has been declared hostile but even though the prosecution put him lead questions, still, he did not support the case of the prosecution; rather in para-10, he has categorically stated that the petitioner never demanded any dowry and he expressed his ignorance about the contents of the F.I.R. and further the matter has been compromised between the parties and a compromise petition has also been filed. It is then submitted that the petitioner undertakes that he will co- operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 27.08.2024 as is evident from para-16 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 Additional Sessions Judge-II, Nagar Untari, Garhwa in connection with Bhawnathpur P.S. Case No.142 of 2024 corresponding to G.R. Case No.487 of 2024 (S.T. Case No.331 of 2024) with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case.
(Anil Kumar Choudhary, J.) Animesh/