High Court Jharkhand High Court

Mukesh Kumare Gupta @ Mukesh Gupta vs State Of Jharkhand on 17 June, 2011

Jharkhand High Court
Mukesh Kumare Gupta @ Mukesh Gupta vs State Of Jharkhand on 17 June, 2011
           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              B.A. No.3251 of 2011

               Mukesh Kumar Gupta @ Mukesh Gupta                 .... Petitioner
                                      Versus
               The State of Jharkhand                            ...O.P.

               Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

               For the Petitioner         : Mr. R.S.Mazumdar, Sr. Advocate
               For the O.P.              : APP
                                      -----

2/17.06.2011

The petitioner is an accused in the case registered for the offence under
section 304B of the Indian Penal Code.

Learned counsel for the petitioner submitted that though same prayer of
the petitioner was earlier rejected by this Court, the petitioner has remained in
custody for about four years; earlier prayer for bail was rejected as the trial was
in progress; however, since after 25.5.2010, no witness has been examined.

Learned APP opposed the prayer for bail of the petitioner and submitted
that the petitioner is the husband and already ten witnesses have been
examined; only one witness remains to be examined and the trial is likely to be
concluded soon.

Regard being had to the nature of allegation, I am not inclined to release
the above named petitioner on bail. Accordingly, the prayer for bail of the above
named petitioner is rejected.

However, since the petitioner is in custody for about four years, the trial
shall be expedited. If the trial is not concluded by 30 th September,2011, the
petitioner shall be released on bail on furnishing bail bond and sureties to the
satisfaction of learned trial court.

( Narendra Nath Tiwari, J.)
s.b.