Bail was granted to the petitioner in a murder case (IPC 302) for murdering his wife. The court observed that prosecution witnesses had not supported the case and no eyewitness existed.
Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties to cooperate with trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4510 of 2020
Basudeo Singh … Petitioner Versus
The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. S.K. Roy, Advocate For the State : Mr. A.P. Topno, Addl. P.P. ------
Order No.05 Dated- 07.12.2020
Heard the parties through video conferencing.
The petitioner has moved this Court for grant of bail in connection with S.T. No.410 of 2019 arising out of Sariya P.S. Case No.41 of 2019 (G.R. No.583 of 2019) registered under sections 302 of the Indian Penal Code.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has murdered his wife namely Rina Devi. It is further submitted that the allegations against the petitioner are all false and so far 7 witnesses have been examined but none of them has supported the case of the prosecution and there is no eye witness to the occurrence. It is next submitted that the petitioner has been in custody since 23.04.2019 as has been mentioned in paragraph no. 9 of the bail application. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to 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 Additional Sessions Judge-VI, Giridih, in connection with S.T. No.410 of 2019 arising out of Sariya P.S. Case No.41 of 2019 (G.R. No.583 of 2019) with the condition that the petitioner will cooperate with the trial of the
case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether bail should be granted to the petitioner in a murder case where no eyewitness supports the prosecution case.
Basudeo Singh
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
