This bail application granted release to the petitioners accused in a murder case, directing them to furnish a bond and sureties. The court noted that allegations were general and that bail had already been granted to other co-accused.
Petitioners directed to be released on bail on furnishing a bond of Rs. 10,000/- each with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4572 of 2021
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY
---------For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mrs. Mohua Palit, A.P.P. For the Informant : Mr. Indrajit Sinha, Advocate
03/01-07-2021 Heard the parties.
So far as defect no. 5 (e), is concerned, learned counsel for the petitioners undertakes to remove the same once the situation normalizes. As regards the rest defects are concerned, the same are ignored.
The petitioners are accused in connection with Olidih P.S. Case No. 247 of 2020.
It has been alleged that on 01.10.2020, an altercation had taken place and the accused persons had threatened to commit the murder of Shanki Yadav. It has further been alleged that at 6.30 P.M. on alarm, the informant and others reached the place of occurrence and had seen Shanki Yadav being shot at by the petitioners, whereas the other accused persons had crushed his head.
It appears that co-accused-Rajesh Singh, who was attributed to have fired at the deceased, has been granted bail by this Court in B.A. No. 4308 of 2021 on the ground that the postmortem report did not indicate any fire arm injuries on the person of the deceased.
Learned counsel for the informant has opposed the prayer for bail and has referred to paragraphs 218 of the case diary while stating that these petitioners along with other accused persons had chased Shanki Yadav and subsequently he was done to death. Learned counsel has submitted that the chain of circumstances having been found to be complete, the petitioners were therefore also instrumental in assisting the murder of Shanki Yadav.
So far as present petitioners are concerned, the allegation, as it appears from the FIR, are general and omnibus in nature. Even the evidences of the witnesses does suggest so, as stated above. Some of the co-accused persons have been granted bail by this Court in B.A. No. 4308 of 2021 and in B.A. No. 3935 of 2021.
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Regard being had to the above, the petitioners, named above, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only), each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Jamshedpur, in connection with Olidih P.S. Case No. 247 of 2020.
(Rongon Mukhopadhyay, J)
Rakesh/-
3 issues framed by the court
Whether the petitioners should be released on bail in a murder accusation where co-accused have been granted bail and allegations are general.
Whether the petitioners should be granted bail by furnishing a bond and sureties.
Whether defects in the bail application are sufficient to deny bail.
Rohan Singh
Dipu Kumar @ Uttam Lohar @ Vishwakarma
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
