The High Court of Jharkhand granted regular bail to applicants charged with murder, noting the investigation was complete, there was no eye witness, and the complaint was filed with delay.
Direction to release applicants on bail subject to furnishing bond of Rs. 10,000 each with sureties and submission of Aadhaar and active mobile number.
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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.2743 of 2022
Versus
The State of Jharkhand …... Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioners : Mr. R. R. S. Singh, Advocate For the State : Mrs. Nehala Sharmin, A.P.P
04/Dated: 06th July, 2022
1. Heard learned counsel for the applicants and learned A.P.P.
2. The applicants, who are in custody since 22.11.2021, have approached this Court for grant of regular bail in connection with Barharwa P.S. Case No.155 of 2021, registered for the offence under Sections 302, 201 and 120B of the Indian Penal Code.
3. It appears that the F.I.R has been lodged against the wife and son-in-law of the deceased for committing murder.
4. Learned counsel for the applicants claims innocence of the applicants and it has been submitted that the incident is of dated 28.04.2021 and the complaint case has been filed after much delay on 05.06.2021 and the same has been referred for lodging the F.I.R. There is no eye witness to the occurrence and only on the basis of confessional statement and on illicit relationship, they have been roped in the present case. It has further been submitted that the investigation is complete and the applicants undertake to participate in the trial. On the above facts, prayer for bail has been made.
5. On the other hand, learned A.P.P has opposed the prayer for bail and has submitted that there is motive for murder as the wife was having illicit relationship with the son-in-law.
6. Considering the materials available on record and the fact that the investigation is complete, I am inclined to enlarge the applicants on bail. Accordingly, the applicants are directed to be released on bail, on their furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Rajmahal, in connection with Barharwa P.S. Case No.155 of 2021, on the condition that the applicants will submit self-attested photocopy of their Aadhaar Card and also submit their mobile number before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether the applicants are entitled to regular bail in the murder case where investigation is complete
Whether the delay in filing the complaint and lack of eye witness justify granting bail
Margina Bibi @ Morgina bibi
Mofuj Seikh @ Mofijul Hussain @ Mafuja Sk.
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
