Allowed

Abhishek Kumar Chouhan Alias Abhishek Chouhan v. the State of Jharkhand

Jharkhand HC8 Dec 2020B.A./9235/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand, accepting the petitioners' undertaking to pay victim compensation, ignored defects pointed out by the stamp reporter and granted bail in a murder case involving sections 302 and 307 IPC.

What did the court decide?

Petitioners released on bail upon depositing Rs.1,00,000 as victim compensation and furnishing a bond of Rs.25,000 each with two sureties.

Abhishek Kumar Chouhan Alias Abhishek Chouhan… — Murder and Culpable Homicide | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9235 of 2020

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Abhishek Kumar Chouhan @ Abhishek Chouhan

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Vikesh Kumar Chouhan … Petitioners 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 Petitioners : Mr. Madhav Prasad, Advocate For the State : Mr. S.K. Srivastava, Addl. P.P.

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Order No.02 Dated- 08.12.2020

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Heard the parties through video conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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The petitioners have moved this Court for grant of bail in connection with Kenduadih P.S. Case No.119 of 2019 registered under sections 448/323/341/307/325/302/34 of the Indian Penal Code.

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The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons have murdered Ganesh Nonia. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners have been in custody since 06.09.2019 as has been mentioned in paragraph no. 1 of the bail application. It is then submitted that the petitioners undertake to jointly pay Rs. 1,00,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and will not annoy or disturb the informant or her family members in any manner. It is lastly submitted that the petitioners undertake to cooperate with the trial of the case. Hence, it is submitted that the petitioners be admitted to bail.

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The learned Addl. P.P. opposes the prayer for bail.

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Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail on jointly depositing a demand draft of Rs.1,00,000/in favour of informant and on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Dhanbad, in connection with Kenduadih P.S. Case No.119 of 2019 with the condition that they will cooperate with the trial of the case and will not annoy or disturb the informant or her family members any manner.

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In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Gunjan/

Abhishek Kumar Chouhan Alias Abhishek Chouhan v. the State of Jharkhand

Case brief

What is this about?

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Abhishek Kumar Chouhan Alias Abhishek Chouhan v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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