Criminal bail application by an accused in a murder and conspiracy case. The High Court allowed bail contingent on coercive conditions and undertaking to cooperate with the trial.
Petitioner released on bail bond of Rs. 25,000/- with two sureties to cooperate with the trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5084 of 2020
Prem Lal Mandal @ Manta Mandal … Petitioner Versus The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. A. K. Kashyap, Sr. Adv. For the State : Mr. Ram Prakash Singh, Addl. P.P.
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05 /03.12.2020 Heard the parties through video conferencing.
The petitioner has been made accused in connection with Sahibganj (T) P.S. Case No.59 of 2020 registered under Sections 364/120(B)/34/302/201 of the Indian Penal Code and Section 27 of the Arms Act.
Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons has committed the murder of the son of the informant after his abduction and caused disappearance of the evidence of murder. It is submitted that the allegation against the petitioner is false. It is next submitted that though the informant claims to have seen the petitioner and coaccused persons going armed with pistols and heard them talking amongst themselves having shot at the deceased’s son Raju Mandal but the postmortem report reveals that no fire arm injury was found on the dead body of the deceased and as per the doctor who conducted postmortem examination, the death of the deceased was due to hemorrhage and shock caused by multiple injuries caused by sharp object. It is also submitted that the co-accused Kundan Yadav in his confessional statement has stated that Satish Paswan, Piyush Yadav, Kundan Yadav and Manik Mandal have shot at the deceased Raju Mandal and Manik Mandal also slit the throat of the victim with a puthi ( a sharp cutting weapon ) as the deceased used to molest his wife. It is further submitted that the petitioner has been implicated in this case only because of prior enmity as he deposed against the deceased in a case in which the deceased was convicted. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 08.05.2020 as is mentioned in para-20 of the instant
bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Sahibganj in connection with Sahibganj (T) P.S. Case No.59 of 2020 with the condition that he will co-operate with the trial of the case.
(Anil Kumar Choudhary, J.)
Animesh/
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case alleging conspiracy to murder and causing disappearance of evidence.
Prem Lal Mandal
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
