In a bail application under Section 437 CrPC, the High Court directed the enlargement of petitioners on bond upon their undertaking to cooperate with the trial, ignoring defects pointed by the stamp reporter.
Petitioners enlarged on bail of Rs. 25,000/- each with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10208 of 2020
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Anjani Kumar, Adv. For the State : Mr. Vineet Kr. Vashistha, Addl. P.P.
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02/04.01.2021 Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
The petitioners have been made accused in connection with Barkagaon (Urimari) P.S. Case No.89 of 2020 registered under Section 364/302/201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the allegation against the petitioners is that they abducted the husband of the informant and committed his murder. It is submitted that the allegation against the petitioners is false and there is no eye-witness to the occurrence and merely on the basis of confessional statement, the petitioners have been implicated in this case. It is further submitted that the co-accused, with similar allegations, has already been admitted to bail by this Court vide order dated 09.12.2020 passed in B.A. No.9538 of 2020. It is then submitted that the petitioners undertake that they will co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 29.05.2020 which is evident from para-14 of the instant bail application. Hence it is submitted that the petitioners be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioners are directed to be enlarged on bail 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 S.D.J.M., Hazaribagh in connection with Barkagaon (Urimari) P.S. Case No.89 of 2020 with the condition that they will co-operate with the trial of the case.
(Anil Kumar Choudhary, J.)
Animesh/
1 issue framed by the court
Whether petitioners accused of abduction and murder are entitled to bail.
1 provisions across 1 enactments
Ramdas Manjhi
Baleshwar Murmu
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
