Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

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2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

08.11.2024

1. This writ petition came out for its maiden hearing on 28th October, 2024, when this Court came across with a recital made in the writ petition that all the petitioners have already ventured with writ petitions before this Court and there are interim directions operating in those pending writ petitions in violation whereof order impugned in the present writ petition came to be passed.

2. Accordingly, this Court came to direct the learned counsel for the petitioners to place on record copies of the writ petitions related to the writ petitioners herein which are said to be pending before this Court.

3. In order to get out of the rigor of the order dated 28th October, 2024, the petitioners are stated to have even ventured in letters patent appeal which came to be dismissed as withdrawn and this is how today the learned counsel for the petitioners is back to square one with the direction still operating for the petitioners to produce all the writ petitions related to them and pending before this Court.

08.11.2024

1. In terms of an order dated 31.10.2024, this Court came to direct the personal appearance of Ms. Sheetal Nanda, Commissioner/Secretary to Government Social Welfare Department, Union Territory of Jammu and Kashmir for today's hearing both in the writ petition as well as in the contempt petition for the purpose of eliciting from the Commissioner/Secretary, Social Welfare Department some informative inputs as to wherefrom the Integrated Child Development Services (ICDS) Scheme, pursuant to which in terms of the Government Order No. 50/SW of 2014 the contractual appointments of the petitioners came to take place is reckoned to be closed as from the reading of the entire reply from the respondents, and, this Court has not come across with any order/decision, express or implied, that the posts created in terms of Government Order No. 50/SW of 2014 for the purpose of running the establishment are to be wound up in terms of a later government order/decision.

08.11.2024

1. The short grievance of the petitioners is sourced to an order No. 141 of 2007 dated 28.11.2007 in terms whereof they along with three other persons namely Imtiyaz Ahmad Beigh, Bashir Ahmad Bhat and Rachi Pal came to be promoted on regular basis to the posts of Electrician in the pay scale of Rs. 3050-4820 in the Jammu and Kashmir Projects Construction Corporation Limited.

2. In far as the original date of appointment of the petitioners in the service is concerned, the petitioner No. 1 Mohammad Shafi Dar is appointee of 1st April, 1994, the petitioner No. 2 Abdul Gani Rather of 1st April1994 in Jammu and Kashmir Projects Construction Corporation Limited, whereas the respondent No. 5 Imtiyaz Ahmad Beigh is an appointee of 1st July, 1996.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The present petition in terms of Section 482 Cr.PC came to be preferred by the petitioner namely Farooq Ahmad Dar through his brother Ali Mohammad Dar.

At the motion stage this Court vide order dated 17.11.2023, called upon the petitioner to address regarding maintainability of the present petition. thereafter, none has turned up for further prosecution of the case.

Through: -

Mr. Furqan Yaqoob, GA CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The petitioner is aggrieved of order dated 212-JKPCC of 2024 dated 18.10.2024, by virtue of which the stone crusher unit of the petitioner has been directed to be closed by respondent No. 2 on the ground that the petitioner has failed to produce the requisite documents from the revenue department as per Rule 10 of S.O. 60 of 2021 dated 23.02.2021 without valid consent from the J&K Pollution Control Committee and that the unit of the petitioner is being run in violation of Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. By virtue of the impugned order, respondent No. 3 has also been directed to de-register the stone crusher of the petitioner.

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It is submitted on behalf of the petitioner he has been falsely implicated in the instant case. Investigation is complete. Accordingly, he prays for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits victim was a minor.

3. Learned Advocate for the de-facto complainant also opposes the prayer for anticipatory bail.

4. We have considered the materials on record. Victim was a minor and the petitioner subjected her to sexual assault. However, investigation is complete. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail however, subject to strict conditions.

Heard the learned Counsels for the parties.

2. We have considered the materials on record. Petitioner is involved in trafficking women for sexual exploitation. Date has been fixed for recording evidence. Under such circumstances we are not inclined to grant bail to the petitioner.

3. Application for bail is, thus, rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)

Learned Counsel for the petitioner submits there was an intimate relationship between two young persons. They had eloped and married voluntarily. He prays for anticipatory bail.

2. Learned Counsel for the State opposes the prayer for anticipatory bail and submits victim is a minor.

3. We have considered the materials on record. Statement of the minor supports the contention of the petitioner. Under such circumstances, we are of the opinion no worthwhile purpose would be served in committing the petitioner to custody. Accordingly, we are inclined to grant anticipatory bail to the petitioner.

Darogi Yadav @ Bhupati, aged about 40 years, S/o. Shri Bodhan Yadav, R/o. Vill.- Dudhania Tola, P.O.- Khaira Block, P.S.- Cherko Pathar, Dist.- Jamui, Bihar.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

------

02/12.11.2024 Heard the parties.

For the Petitioners : Mr. Vikas Kumar, Advocate For the State : Mrs. Anuradha Sahay, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 341/323/325/354-B/379/452/ 504/506/34 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioners tried to outrage the modesty of the informant and also snatched the gold chain from her neck worth Rs.95,000/-. It is further submitted that the petitioners are the neighbours and relatives of the informant. They have been implicated in this case by the informant due to previous enmity. The petitioners have no criminal antecedent as has been stated in paragraph no. 17 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

Chandan Singh, aged about 24 years, S/o. Kuldeep Singh, R/o. Toiladungary, P.O. & P.S.- Golmuri, Dist.- East Singhbhum, Jharkhand. ... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : Mr. Zaid Imam, Advocate For the State : Mr. Tarun Kumar, A.P.P. ------ 03/11.11.2024 Heard the parties.

2. The petitioner has been made accused in connection with S.T. Case No. 231/2024 arising out of Sidhgora P.S. Case No. 13/2024 corresponding to G.R. No. 468/2024, for the offences registered under Sections 341/323/325/307/302/504/506/120(B)/34 of the I.P.C., pending in the Court of Sri B.K. Sahay, learned Additional Sessions Judge-I, Jamshedpur.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

------

02/12.11.2024 Heard the parties.

Shashi Dungdung, aged about 24 years, S/o. Late Amrus Dungdung, R/o. Vill.- Karangagudi, Baijutoli, P.O. & P.S.- Kersai, Dist.- Simdega.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Gaurav, Advocate For the State : Mr. Someshwar Roy, A.P.P.

------

02/12.11.2024 Heard the parties.

CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner: Mr. P. K. Roy For the State: Mr. S. P. Jha, A.P.P ----- 03/11.11.2024 Heard learned counsel for the parties.

2. The petitioner apprehending his arrest in connection with the case registered under Sections 341/323/307/504/506/34 IPC has prayed for grant of anticipatory bail.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. He along with his wife has been roped in this case by the informant due to land dispute. Even if the contents of the written report are taken to be true, the informant sustained lacerated injury on his left eyebrow and there was bleeding from his left nostril. He was advised to undergo X-Ray of skull and CTC of head, however, he did not undergo the said scanning. The injuries sustained by the informant have been found simple in nature. The said fact has been mentioned in paragraph 6 of the present anticipatory bail application. The petitioner, however, undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

For the petitioner : Mr. Vijoy Kumar Roy, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P

-----

02/11.11.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/149/353/188/307/427/ 269/270 of the Indian Penal Code, Section 3 of Jharkhand Epidemic Disease (Covid-19) Act, 2020 and Section 51 of Disaster Management Act, 2005.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the accused persons including the petitioner by forming unlawful assembly used criminal force against public servants deterring them from discharging their official duties. They also pelted stones on the government servants being part of 'Mangala' procession. It is further submitted that the petitioner was not seen as the member of 'Mangala' procession in the CCTV footage. Despite that he has been implicated in this case with malafide motive only due to the reason that he was actively involved in 'Ramnavmi' puja. Moreover, similarly situated co-accused persons namely, Rajesh Keshri and Rakesh Keshri have already been granted anticipatory bail by a Bench of this Court vide order dated 24.08.2021 passed in A.B.A No. 5644 of 2021. Hence, the petitioner may be given the privilege of anticipatory bail.

For the Petitioners : Mr. Mahesh Tewary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner nos. 2 and 3 assaulted the informant's husband due to which his left leg got fractured. So far as the petitioner no. 1 is concerned, there is no specific allegation against him. The dispute between the parties arose due to a drainage. Even if the content of the written report is taken to be true, the petitioner nos. 2 and 3 had no intention to kill the informant's husband as admittedly, he sustained fracture injury on his leg. The petitioners have no criminal antecedent as has been stated in paragraph no. 13 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

For the Petitioner : Mr. Subhneet Jha, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P

-----

04/12.11.2024 The petitioner is apprehending her arrest for the offences punishable under Sections 376/313/323/341/498-A/420/ 494/34 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act and Section 6 of the POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the complaint leading to lodging of the present F.I.R. It has been alleged that the petitioner along with co-accused Shivnandan Sahu @ Shivandan Sahu (father- in-law) and Pramila Devi (mother-in-law) was involved in getting pregnancy of the informant terminated and that the main accused Sikandar Sahu performed another marriage with her. In fact, co- accused Sikandar Sahu has not performed any marriage with the petitioner. She is merely a co-villager and she has been implicated in this case by the informant due to personal grudge. Moreover, co- accused Shivnandan Sahu @ Shivandan Sahu, Pramila Devi and Surendra Sahu @ Sulendra Sahu have already been granted anticipatory bail by this Court vide order dated 10.09.2024 passed in A.B.A No. 3816/2024. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail.

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