Allowed

Raushan Tirki Alias Roshan Tirki v. the State of Jharkhand

Jharkhand HC5 Oct 2020A.B.A./2900/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a murder case. The court opined it was a fit case for bail, directing release upon arrest if the petitioner surrenders within six weeks, subject to furnishing a bond and complying with investigation conditions.

What did the court decide?

Anticipatory bail granted subject to furnishing a bond of Rs. 25,000 with two sureties, cooperating with the investigation, and appearing before the Investigating Officer within six weeks.

Raushan Tirki Alias Roshan Tirki Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2900 of 2020

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Raushan Tirki @ Roshan Tirki … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. N.K. Gaunjhu, Addl. P.P.

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Order No.03 Dated- 05.10.2020

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Heard the parties through video conferencing.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chhipadohar P.S. Case No.11 of 2017 (G.R. No. 324 of 2017) registered under sections 147/148/149/302/307/341 of the Indian Penal Code and under Section 17 of C.L.A. Act.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the deceased Kailash Turi was murdered by being assaulted by the co-accused persons namely Chhotu Kharwar, Niranjan Ji, Mirtunjay Bhuian @ Faraish Bhuian and 20-25 other members of the gang. It is next submitted that in the FIR, it has specifically been mentioned that the informant saw in the light of torch that the co-accused Neeraj Ji was on the top of the belly of the deceased and was smothering his belly and was assaulting with the butt of the rifle on his chest and Mirtunjay Ji and Chhotu were assaulting the deceased with lathi . It is further submitted that the allegation against the petitioner are all false and the petitioner is not named in the FIR and drawing attention of this Court to page nos.26-27 of the charge sheet, it is submitted by the learned counsel for the petitioner that the charge sheet has already been submitted against the co-accused persons and on their confessional statements that the petitioner was aiding extremists, the petitioner has been implicated in this case. It is next submitted that there is no allegation against the petitioner of being involved in the murder of the deceased and the occurrence is three

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years old one and the petitioner is a poor villager. It is also submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 2 of the supplementary affidavit. It is then submitted that the petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Latehar, in connection with Chhipadohar P.S. Case No.11 of 2017 (G.R. No. 324 of 2017) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Raushan Tirki Alias Roshan Tirki v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Raushan Tirki Alias Roshan Tirki v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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