High Court of Jharkhand granted bail to a petitioner already in custody in an assault case where injury report suggested blunt injury rather than gunshot, thus diluting allegations of firing.
Petitioner directed to be released on bail for Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 11368 of 2019
Sanjay Prasad … … Petitioner
Versus
The State of Jharkhand … … Opposite Party ---
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioner : Mr. A. K. Kashyap, Senior Advocate For the Opposite Party : Mr. H. P. Singh, A.P.P.
2/07.01.2020 Heard Mr. A. K. Kashyap, learned senior counsel appearing for the petitioner and Mr. H. P. Singh, learned A.P.P. for the State.
The petitioner is an accused in connection with Dhurwa P.S. Case No. 314 of 2013 corresponding to G. R. No. 7120 of 2013.
It has been alleged that the petitioner and his associates have started assaulting the informant and his companion Ranjit Singh was shot at head. The informant and his companion abducted and taken them to Barkakana Railway Station and with the help of one constable went to Railway Station from where his associate was sent to RIMS.
After much persuasion, Mr. H. P. Singh has obtained injury report of Ranjit Singh, who was alleged to have shot on his head, but the injury report suggest that he has suffered injury on account of hard and blunt substance. Therefore, the allegations levelled against the petitioner gets diluted in view of the injury report of Ranjit Singh. The petitioner is in custody since 24.09.2018.
Regard being had to the above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned A.J.C., XVII, Ranchi in connection with S. T. No. 578 of 2019 arising out of Dhurwa P.S. Case No. 314 of 2013 corresponding to G. R. No. 7120 of 2013.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the petitioner accused in assault and grievous hurt case is entitled to bail on medical grounds and on dilution of allegations evidenced by injury report.
Sanjay Prasad
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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