The High Court of Jharkhand allowed a bail application challenging arrest in a murder case involving allegations of witchcraft murder, releasing the petitioner on a bond of Rs. 30,000 with two sureties.
Release on bail with a bond of Rs. 30,000 and two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10836 of 2021
Salim Toppno ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mrs. Vani Kumari, Advocate For the State : Mr. Sudhir Kr. Mahto, A.P.P. --------
05/14.01.2022 Heard learned counsel for the applicant and learned A.P.P. for the
State.
This bail application has been filed on behalf of the applicant– Salim Toppno with prayer to release on bail in connection with Kamdara P.S. Case No.13 of 2021 registered under Sections 147, 148, 149, 302, 460, 458, 380, 120-B of the Indian Penal Code and Sections 3/4 of the Prevention of Witch Practices Act pending in the court of learned Judicial Magistrate, 1st Class Gumla.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the informant-police officer with the allegations that he received information at police station on 24.02.2021 at 8.45 a.m. that five persons of village Buruhatu Aamtoli of one family have been murdered. Accordingly, he reached at the place of occurrence along with the policy party and saw the dead bodies of all the five persons of one family inside the house in different rooms and it was come to knowledge from the persons of village that these deceased persons were practicing witch craft. It is further alleged that with this reason a meeting was held in the village and it was suspected that for the same reason the persons, who were present in the meeting might have committed the murder of all the five persons of one family.
Learned counsel for the applicant has further submitted that there is no direct evidence of this occurrence. This case is based on circumstantial evidence, the only one circumstantial evidence is that the deceased persons were practicing witch craft and for the same reason, their murder was caused. The name of the applicant surfaced in confessional of co-accused and witnessMathura Topno. The said witness had stated that the applicant and other coaccused were present at the place of meeting, when the meeting was over. Similarly situated co-accused persons, namely, Danial Toppno, Sawan Toppno and Bebi Kumari @ Babi Kumari have already been granted bail by a coordinate Bench of this Court vide orders dated 28.10.2021, 04.10.2021 and 10.08.2021 passed in B.A. Nos.11090 of 2021, 9088 of 2021 and 7434 of 2021 respectively. The applicant has been languishing in jail since 26.02.2021.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
-2-
In view of the submission made and material on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Judicial Magistrate 1st Class, Gumla in aforesaid case.
(Subhash Chand, J.)
Rohit
Salim Toppno
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
