In a bail matter, the High Court of Jharkhand directed the release of the petitioner on bail furnishing a bond and two sureties, considering lack of material evidence other than his confessional statement.
Petitioner released on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6422 of 2020
....
Umesh Dangi .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : M/s Rajiv N. Prasad, Adv. For the Opposite Party : Mr. Sanat Kumar Jha, A.P.P. For the Informant : Mr. Shailesh Kr. Pandey, Adv.
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
03/05.01.2021 Heard learned counsel for the petitioner and learned counsel for the State assisted by Mr. Shailesh Kr. Pandey learned counsel for the informant.
The petitioner is accused in connection with Chatra Sadar P. S. Case No.
115 of 2020 pending in the Court of learned Chief Judicial Magistrate, Chatra.
It has been submitted by the learned counsel for the applicant that applicant is in custody since 07.05.2020 and there is no material against him except his confessional statement, but no recovery has been made on the basis of his confessional statement. It has been further submitted that similarly situated co-accused namely Kanhai Dangi and Sandeep Dangi have already been granted bail by this Court in B. A. No. 7996 of 2020 on 13.10.2020 and in B. A. No. 9628 of 2020 on 11.12.2020 respectively.
On the other hand, learned APP has submitted that there is confessional statement of the accused and in fact he has confessed that by his hyva truck the dead body was carried for disposal.
Perused the record. It appears that on the confessional statements of Umesh Dangi and Chanchala Kumari, dead body has been recovered and subsequently the petitioner has been arrested and he has confessed carrying the dead body for disposal. This statement is made before the police and no recovery has been made on the basis of confessional statement of the petitioner. Considering the material available on record, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Chatra Sadar P. S. Case No. 115 of 2020 subject to the condition that petitioner will submit self attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during the pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Kamlesh/
1 issue framed by the court
Whether the petitioner should be released on bail in connection with Chatra Sadar P.S. Case No. 115 of 2020.
Umesh Dangi
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
