The High Court dispensed a common order granting bail to two petitioners, Manoj Gaud and Laxmi Ram, accused of murder under Sections 302, 120-B, and 34 of the IPC in connection with a case at Daltonganj.
Petitioners directed to be released on bail on furnishing Rs. 10,000 bonds with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.11654 of 2013
Manoj Gaud @ Manoj Gonr ..... Petitioner with B.A. No.11694 of 2013 Laxmi Ram @ Lakshmi Ram .... Petitioner
Versus
The State of Jharkhand
…. Opposite Party (In both the cases)
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioners : Mr. Abhay Kr. Chaturvedy (in B.A. No.11654 of 2013) Mr. A.K. Kashyap (in B.A. No.11694 of 2013) For the State : A. P.P. (in both cases)
4/13.02.2014 Both these applications arise out of the same case, as such, they are being
disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners have been made accused for the offence under Sections 302/120-B/34 of the Indian Penal Code, in connection with Daltonganj Rail P.S. Case No.13 of 2013, corresponding to G.R. No.848 of 2013.
The case relates to murder of a gateman of the railway crossing and the FIR was lodged against the petitioner Laxmi Ram and other unknown persons.
It is apparent from the FIR that the informant, who is the son of the deceased, is not the eyewitness to the occurrence, rather he has made suspicion against the petitioner Laxmi Ram and the other unknown persons. It has also been stated that the deceased had informed the Station Master that some persons were committing mischief, whereupon RPF personnel were sent, but by that time, the deceased had been murdered.
Learned counsel for the petitioners have submitted that the petitioners have been falsely implicated in this case on the basis of the confessional statement of the co-accused Ganesh Mahto and one witness has stated that they had seen the accused persons fleeing away. Learned counsel accordingly, prayed for bail.
Learned counsel for the State on the other hand has opposed the prayer for bail submitting that in his statement, the co-accused has named these petitioners also to have committed the crime. However, from perusal of the statement, it is apparent that there is allegation against the other co-accused to have given fatal blow to the deceased.
In the facts and circumstances of this case, I am inclined to release the petitioners on bail. Accordingly, the petitioners Manoj Gaud @ Manoj Gonr and Laxmi Ram @ Lakshmi Ram are directed to be released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, Garhwa, in connection with Daltonganj Rail P.S. Case No.13 of 2013, corresponding to G.R. No.848 of 2013, S.T. No.368 of 2013.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether the petitioners accused of murder should be released on bail.
Whether the sufficiency of the evidence and allegations warranted bail.
Manoj Gaud @ Manoj Gonr
Laxmi Ram @ Lakshmi Ram
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
