HC Mishra, J. allowed bail to petitioner Murtaza Ansari charged with serious offences under IPC including murder. Court released him upon furnishing a bond of Rs. 10,000 with two sureties despite prior rejection.
Release on bail with bond of Rs. 10,000 and two sureties of like amount to the satisfaction of the Additional Sessions Judge.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7857 of 2014
Murtaza Ansari ..... Petitioner Versus The State of Jharkhand …. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Mahesh Kumar Sinha (2) For the State : A. P.P. For the Informant : Mr. Ajit Kr. -----
5/1.11.2014 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the informant.
Petitioner has been made accused for the offence under Sections 147, 148, 149, 342, 323, 324, 307, 302 of the Indian Penal Code, in connection with Gomia P.S. Case No.78 of 2013, corresponding to G.R. No.593 of 2013.
From the FIR, it appears that there was altercation between the parties and there is allegation against the accused persons to have assaulted and injured the informant and his family members and when the father of the informant came to their rescue, he was also assaulted by the accused persons, who subsequently died in course of treatment. The bail application of this petitioner was earlier rejected on merits by order dated 13.11.2013 in B.A. No.10111 of 2013.
Learned counsel for the petitioner has renewed the prayer for bail submitting that there is omnibus allegation against all the five accused persons to have assaulted the deceased. It has also been submitted that other co-accused persons have been granted bail.
Learned counsel for the State as also learned counsel for the informant have opposed the prayer for bail.
In the facts and circumstances of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Murtaza Ansari is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Bermo at Tenughat, in connection with Gomia P.S. Case No.78 of 2013 corresponding to G.R. No.593 of 2013, S.T. No.426 of 2013.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether to grant bail to the accused charged with offences under Sections 147, 148, 149, 342, 323, 324, 302 of the Indian Penal Code.
Whether the petitioner should be released on bail given that the bail application was earlier rejected on merits.
Murtaza Ansari
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
