High Court at Ranchi granted anticipatory bail to five petitioners accused of murder. The court allowed bail on furnishing security and ensured cooperation with investigation under Cr.P.C. 438(2) conditions.
Petitioners granted anticipatory bail on furnishing bail bond with two sureties, undertaking to cooperate with investigation and appear as notified.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 362 of 2019
… Petitioners Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mrs. Rashmi Kumar, Advocate For the State : Addl. P.P. ------
Order No.05 Dated- 01.05.2019
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Telaiya P.S. Case No.230 of 2018 registered under sections 302/34 of the Indian Penal Code.
Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners have murdered the father of the informant. It is next submitted by the learned counsel for the petitioners that the allegations against the petitioners are false and there is no eyewitness to the occurrence. It is then submitted that the case is based on circumstantial evidence and the only circumstance against the petitioners is that the petitioner no.1 married the deceased about ten days after the death of the first wife of the deceased 8-9 years ago and the first wife of the deceased was the elder sister of the petitioner no.1 and that the deceased was under stress after his marriage with the petitioner no.1 and the petitioner no.2 is the brother of the petitioner no.1, the petitioner no.3 is the wife of the petitioner no.2, the petitioner no.4 is the mother of the petitioner no.1 and the petitioner no.5 is also the brother of the petitioner no.1. It is next submitted by the
learned counsel for the petitioners that the allegations against the petitioners are false. It is then submitted that as admittedly the petitioner no.1 was the wife of the deceased for a period of about 8- 9 years, it cannot be a circumstance to implicate the petitioners in this case. It is further submitted that since the informant is also a heir of the deceased, hence he has instituted this false case to pressurize the petitioner no.1 from claiming any share from the property of the deceased. It is lastly submitted that the petitioners undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Koderma, in connection with Telaiya P.S. Case No.230 of 2018 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioners are eligible for anticipatory bail in a murder investigation where the case relies on circumstantial evidence.
1 provisions across 1 enactments
Boby Devi
Ganesh Goswami
Gudiya Devi
Chanchala Devi
Santosh Nath Goswami
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
