The High Court allowed the bail application of Barkha Oreya (Bikki Oreya) in a murder case under the IPC and Witch Craft Act, releasing him on a bond of Rs. 30,000 with two sureties.
Release on bail by furnishing bond of Rs. 30,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1782 of 2022
Bikki Oreya …… ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party
------ CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mrs. Nehala Sharmin, A.P.P ------
4 /08.08.2022 Heard learned counsel for the applicant and learned APP for
the State.
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Arki P.S. Case No.22/2021 under section 302 of IPC and charge sheet has been submitted under 302/34 of the Indian Penal Code and sections 3 / 4 of Witch Craft Act pending in the court of learned D.A.S.J-1, at Khunti.
Learned counsel for the applicant has submitted that FIR of this case was lodged against unknown persons with these allegations that on 01.07.2021, in the morning he went to the house of his aunt and he knocked the door but no one came out. He intruded into the house from another door which was broken and found that her aunt was lying in pool of blood and he informed Gram Pradhan about the alleged occurrence.
The learned counsel for the applicant also further submitted that the name of the applicant transpired during investigation on the confessional statement of the applicant himself. The applicant was alleged to be Ojha and the blood stained wood is alleged to be recovered from the possession of the applicant. The same has been planted. No FSL report of the same has been received till date. There is no other evidence against the applicant except the confessional statement of the applicant.
Learned APP for the State vehemently opposed the contentions made by the learned counsel for the applicant. The applicant has been languishing in jail since 03.07.2021.
In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.)
tarun
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving murder and charges under the Witch Craft Act.
Whether the planting of evidence and lack of FSL report are grounds for granting bail.
4 provisions across 2 enactments
Bikki Oreya
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
