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2025 DAILYLAW 9392 (JHR)

GUPTESHWAR SAW ALIAS GUPTA SAW ALIAS GUPTA SAO v. THE STATE OF JHARKHAND

B.A./3071/2025 · 2025-06-20

Pradeep Kumar Srivastava

body2025

Judgment text

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2025:JHHC:16291 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3071 of 2025 -------- Gupteshwar Saw @ Gupta Saw @ Gupta Sao, S/o Late Rupchand Saw, R/o Village-Barwadih, P.O. & P.S.-Giridih (M), District-Giridih ... ... Petitioner Versus The State of Jharkhand …… Opposite Party ----- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Prashant Kumar Rai, Advocate For the State : Mr. Bhola Nath Ojha, A.P.P. -------- Order No. 04/ Dated: 20th June, 2025 1. Heard learned counsel for the parties. 2. The petitioner has been made accused in connection with Giridih (M) P.S. Case No. 126 of 2024, N.D.P.S. Case No. 9 of 2024 registered under Sections 20/22 of the N.D.P.S. Act. 3. Learned counsel for the petitioner submits that earlier bail application of the petitioner was rejected on merits on 10.07.2024 by this Court. Petitioner is aged about more than 80 years and languishing in judicial custody since more than 1 year 2 months having no criminal antecedent and out of 13 charge-sheet witnesses only 7 witnesses have been examined as yet by the Trial Court. The seized quantity of Ganja false under the intermediate quantity and not of commercial quantity. Trial is not likely to be concluded in near future. Petitioner undertakes to co-operate in the trial by appearing before the Court on each and every date as and when required by the Trial Court and abide all terms and conditions and hence the petitioner may be admitted on bail. 4. On the other hand learned A.P.P. has opposed the bail to the petitioner in view of earlier rejection of bail application on merits and further submitted that no new ground has been pleaded except the custody of the petitioner. 2025:JHHC:16291 2 5. Considering the rival contentions of the parties as well as the status report as called for from the concerned Trial Court, it appears that since the charges were framed against the petitioner on 09.10.2024 and out of 13 charge-sheeted witnesses only 6 witnesses have been examined and tentative period to conclude the trial as sought for by the concerned trial court is about one year therefore, there is no likelihood of conclusion of trial of this case within few months and the petitioner also appears to be old person therefore, petitioner is directed to be released on bail during the pendency of the trial of the case. 6. 6. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Giridih in connection with Giridih (M) P.S. Case No. 126 of 2024, N.D.P.S. Case No. 9 of 2024 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court. (Pradeep Kumar Srivastava, J.) Arpit