In this bail application, the High Court of Jharkhand granted bail to the petitioner accused of murder under Sections 302/201 IPC, noting the absence of eyewitnesses and the reliance on confessions from the petitioner and co-accused.
Petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2867 of 2018
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Roshan Oraon
… Petitioner
-versus-
The State of Jharkhand … Opposite Party
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Mohit Prakash, Advocate For the State : None
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5/ 10.10.2018 Heard learned counsel for the petitioner.
Petitioner is an accused for allegedly committing the offence punishable under Sections 302/201 of the Indian Penal Code, in connection with Gumla Police Station Case No.216 of 2017 corresponding to G.R. No.720 of 2017, pending in the Court of learned Chief Judicial Magistrate, Gumla.
Learned counsel for the petitioner submits that though it is a case of murder, there is no eye witness. Only when the petitioner was arrested on suspicion he confessed his guilt and other co-accused also confessed and on the basis of that confession petitioner has been implicated.
No one from the State appears to controvert the submissions made by the learned counsel for the petitioner.
In view of the aforesaid uncontroverted submissions, I am inclined to grant bail to the petitioner. Accordingly, petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gumla in connection with Gumla Police Station Case No.216 of 2017 corresponding to G.R. No.720 of 2017.
(Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder given the lack of eyewitness testimony and reliance on confessions.
Roshan Oraon
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
