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2026 DAILYLAW 18727 (JHR)

DAMU HEMBROM @ PONDE @ KANDE v. THE STATE OF JHARKHAND

B.A./5985/2026 · 2026-07-01

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:19293 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5985 of 2026 Damu Hembrom @ Ponde @ Kande, aged about 23 years, S/o Late Donka Hembrom … … Petitioner Versus The State of Jharkhand … ... Opp. Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Anjani Kumar, Advocate For the Opp. Party : Ms. Bandana Sinha, APP --- 02/01.07.2026 Heard the learned counsel appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 08.07.2022 in connection with S.T. Case No. 323 of 2022, Manjhari P.S. Case No. 46 of 2022, corresponding to G.R. No. 402 of 2022for the offences registered under Sections 302, 201 of the IPC, pending in the Court of learned Addl. Sessions Judge-II-cum-Spl. Judge POCSO Act Cases, West Singhbhum at Chaibasa. 3. Learned counsel for the petitioner submits that petitioner is in custody since 08.07.2022 and out of 15 witnesses, 9 witnesses have been examined and the seizure list witnesses have not supported the case. The petitioner is not named in the FIR and it isalso alleged that on the basis of the confessional statement of the petitioner, the murder weapon was recovered. Learned counsel further submits that the similarly situated co- accused persons,namely, Sitaram Hembrom in B.A. No. 6110 of 2025 and Bhagwan Hembrom @ Budhram Hembram @ Budhu in B.A. No. 9723 of 2025have been enlarged on bail vide order dated 21.07.2025 and 15.12.2025, respectively. 4. Learned counsel for the opposite party-State has opposed the prayer, however, hedoes not dispute the aforesaid submissions made by the learned counsel for the petitioner. However, she submits that after granting of bail tothe co-accused,some of the witnesses have turned hostile and seizure list witnesses have been also examined. 5. The learned counsel for the petitioner has submitted that in the cross examination the seizure list witnesses have not supported the case of the prosecution. 2026:JHHC:19293 2 6. After hearing the learned counsel for the parties and considering the custody of the petitioner and that other similarly situated co-accused persons have been enlarged on bail by Co-ordinate Bench, the petitioner above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II- cum-Spl. Judge POCSO Act Cases, West Singhbhum at Chaibasa, in connection withS.T. Case No. 323 of 2022, Manjari P.S. Case No. 46 of 2022, corresponding to G.R. No. 402 of 2022, subject to the condition that petitioner would attend the Court every day and in case of a single default his bail bond be cancelled immediately by the Court. Further conditions are as follows: (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) The petitioner will attend the court personallyon each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner. (iv) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court. (v) The petitioner shall fully co-operate with the proceedings before the learned court below. 7. Learned counsel for the State is also directed to ensure that the remaining witnesses are promptly produced before the trial court. 8. The learned counsel for the state is directed to communicate this order to the Director prosecution and also to the Superintendent of Police of the concerned district. 9. The instant bail application is allowed with the aforesaid conditions. 10. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e-mail. (Anubha Rawat Choudhary, J.) Dated: 01.07.2026 Uploaded on 03.07.2026 Pramanik/