The High Court of Jharkhand allowed the bail application of the petitioner accused of murder and related offences, ordering his release on a bond of Rs. 20,000 with two sureties due to witness hostiability and co-accused acquittal.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10807 of 2021
------- Kundan @ Brahmdeo Yadav …... …. Petitioner Versus The State of Jharkhand .…. … Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Rajesh Kr. Singh, Advocate For the State : Mr. Saket Kumar, A.P.P --------
02/ Dated 02.11.2021
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been made accused in connection with Kunda P.S. Case No.13 of 2015, corresponding to G.R No.193 of 2021, S.T No.67 of 2021 for the offence under Sections 302, 201/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 (I) (ii) of the CLA Act, pending in the Court of learned Additional Sessions Judge-III, Chatra.
The FIR was lodged on the basis of fardbeyan of the informant, Suresh Paswan, who was a Chowkidar of the village Lakarbandha, alleging therein that several Maoists had shot dead Ravindra Ganjhu.
From the impugned order, it appears that the informant was not an eyewitness and the co-accused, who had faced the trial, has been acquitted as all the witnesses including informant had turned hostile.
Considering the facts of the case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-III, Chatra, in connection with Kunda P.S. Case No.13 of 2015, corresponding to G.R No.193 of 2021, S.T No.67 of 2021.
(Ambuj Nath, J.)
BS/
2 issues framed by the court
Whether the petitioner, an accused in an offence under the Indian Penal Code and Arms Act, should be released on bail.
Whether the order for bail should be granted in view of the hostiability of witnesses and the acquittal of a co-accused.
4 provisions across 3 enactments
Kundan @ Brahmdeo Yadav
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
