In a petition for bail under Section 437/439 CrPC, the petitioner, an accused in a Section 302 IPC case, sought release citing similar bail granted to co-accused. The court allowed regular bail upon furnishing a bond and sureties.
Released on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No.5994 of 2019
Mohan Kumar Yadav. .......... Petitioner.
-Versus-
The State of Jharkhand. .......... Opp. Party.
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate For the State : APP ----- Order No.02 Date: 24.07.2019
The petitioner is an accused in a case registered under Sections 302, 201 and 34 of the Indian Penal Code.
Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has committed no offence as alleged. Initially the first information report was lodged against unknown miscreants. During investigation, the petitioner as well as co-accused-Manoj Uraon, Ramdeo Yadav and Sunil Sharma were apprehended by the police, who allegedly confessed their involvement in commission of the murder of Rakesh Paswan (deceased). Charge against the petitioner has already been framed. It is further submitted that similarly situated co-accusedManoj Uraon and Ramdeo Yadav have already been granted bail by a coordinate Bench of this Court vide order dated 15th May, 2019 in B.A. No.435 of 2019. As such, the petitioner who is in judicial custody since 6th September, 2018 may be given the privilege of regular bail.
Learned APP opposes the petitioner's prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions JudgeIV, Chatra, in connection with S.T. Case No.362 of 2018, arising out of Tandwa P.S. Case No.74 of 2017.
(Rajesh Shankar, J.)
Sanjay/
1 issue framed by the court
Whether the petitioner accused in a murder case should be granted regular bail.
1 provisions across 1 enactments
Mohan Kumar Yadav
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
