In a bail application, the court allowed the petitioner's request for release. The petitioner faced charges under Sections 302/201/34 IPC related to a murder conspiracy. The court noted lack of evidence concerning the petitioner's alleged conspiracy.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1404 of 2018
Chhatradhari Mandal …. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Mr. A. K. Choudhary, Advocate For the State : A.P.P. …......
06/17.04.2018
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 302/201/34 IPC .
Daughter of the informant was murdered. On earlier occasion the daughter of the informant was raped by the son of Ram Chandra Mandal and Madhulika Mandal for which a case has been registered. They were pressuring her to withdraw the said case. It is alleged that Ram Chandra Mandal and Madhulika Mandal have committed murder of her daughter so that she could not depose in the said case. It is alleged that this petitioner being a villager, has conspired with Ram Chandra Mandal and Madhulika Mandal to murder the deceased. This petitioner was last seen going towards the field on 14.9.2017 i.e the date of occurrence.
Counsel for the petitioner submits that on the basis that this petitioner was last seen going towards the field, this petitioner has been implicated in this case. There is no evidence against this petitioner of participating in any conspiracy. He submits that admittedly son of Ram Chandra Mandal and Madhulika Mandal is accused in the said case instituted by the daughter of the informant and not this petitioner.
Learned A.P.P. opposes the prayer for bail and submits that petitioner was last seen going towards the field but admits that there is no evidence to suggests that this petitioner has conspired with several accused persons.
In view of the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on
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furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,-1st Class, Madhupur in connection with Sarath Police Station Case No. 160 of 2017 (G.R. No. 817 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner should be released on bail given allegations of conspiracy and lack of specific evidence against him.
1 provisions across 1 enactments
Chhatradhari Mandal
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
