Justice Rajesh Kumar granted regular bail to the petitioner in a murder case, noting the delayed FIR filing and lack of eyewitnesses as grounds for release on a bond of Rs.10,000.
Director to be released on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8987 of 2020
Ramesh Das … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. A.K. Chaturvedi, Adv. For the State : Mr. Pradip Kr. Verma, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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04/22.03.2021: Heard learned counsel for the petitioner and learned counsel for the State.
The present application has been filed for grant of regular bail to the petitioner in connection with Palkot P.S. Case No.73 of 2018 corresponding to G.R. No.150 of 2019 (S.T. Case No.161 of 2019), registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 03.01.2019. The trial is going on and out of nine charge-sheeted witnesses, only two witnesses have been examined. It has further been submitted that the occurrence has taken place on 23.08.2018 and on the same day the body of the deceased has been recovered from the well. Accordingly, U.D. case has been registered being U.D. Case No.14/18 dated 24.08.2018 and after three months of the occurrence, on 09.11.2018 the FIR has been lodged. There is no eye witness to the incident except circumstantial evidence. On the above facts, the prayer for bail has been made.
On the other hand, counsel for the State has opposed the prayer
for bail.
Considering the period of pre-conviction custody and the fact that the FIR has been lodged after three months of the incident and there is only circumstantial evidence, 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 the learned Additional Sessions Judge II, Gumla in
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connection with Palkot P.S. Case No.73 of 2018 corresponding to G.R. No.150 of 2019 (S.T. Case No.161 of 2019), subject to condition that the petitioner will submit self-attested photocopy of his Aadhar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the murder case considering the delayed filing of FIR and circumstantial evidence?
Ramesh Das
The State of Jharkhand
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
