Allowed

Uttam Mahto v. the State of Jharkhand

Jharkhand HC24 Feb 2021B.A./1689/2021

Case brief

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What is this about?

Single justice allowed bail applications filed against three accused persons in a murder and assault case. The court accepted the petitioners' personal undertaking to remove stamp defects and cooperate with the trial, directing their release on furnishing a bond with two sureties.

What did the court decide?

Petitioners enlarged on bail by furnishing Rs.25,000/- each with two sureties of like amount to the satisfaction of the learned J.M. in Ramgarh.

Uttam Mahto Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.1689 of 2021

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Uttam Mahto

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Manju Devi 3. Rita Devi @ Anita Devi … 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. Awnish Shankar, Adv. For the State : Mr. Tarun Kumar, Addl. P.P.

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02 /24.02.2021 Heard the parties through video conferencing.

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

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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.

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The petitioners have been made accused in connection with Barlanga P.S. Case No. 12 of 2020 registered under sections 147, 148, 149, 341, 342, 323, 324, 325, 307/ 302 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the member of an unlawful assembly and being armed with deadly weapons they murdered Dewanand Patel. It is submitted that the allegation against the petitioners is false. It is next submitted that there is specific allegation against the co-accused-Jay Prakash Mahto having assaulted on the head of deceased-Dewanand Yadav with a stick and the coaccused Sandip @ Rajju assaulted on the thigh of the deceasedDevanand Patel with an axe. It is next submitted that the post-mortem report of the deceased-Dewanand Patel shows only two injuries. It is next submitted that the petitioners have falsely been implicated in this case because of land dispute between the parties. It is also submitted that the co-accused, with similar allegation, has been admitted to bail by this Court vide order dated 06.01.2021 passed in B.A. No. 10424 of 2020. It is then submitted that the petitioners undertake to co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 26.11.2020 as mentioned in paragraph 16 of the bail application. Hence it is submitted that the petitioners be released on bail.

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Learned Addl. P.P. opposes the prayer for bail.

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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 J.M., 1^st Class, Ramgarh in connection with Barlanga P.S. Case No. 12 of 2020 with the condition that they will co-operate with the trial of the case.

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(Anil Kumar Choudhary, J.)

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Pappu/

Uttam Mahto v. the State of Jharkhand

Case brief

What is this about?

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Uttam Mahto v. the State of Jharkhand

Case brief

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