In an application for regular bail in a murder case, the High Court held that since the eye witness did not name the applicant and no role was attributed by the co-accused, bail is granted on furnishing a bond with sureties.
Released on bail of Rs.10,000/- with two sureties, conditioned to submit Aadhaar copy 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.
- 1 -
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.4283 of 2022
Md. Irshad …… Petitioner Versus The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Soumitra Baroi, Advocate Mr. Rakesh Kumar No.2, Advocate For the State : Mr. S. K. Sinha, A.P.P ---------
05/Dated: 19th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P. 2. The applicant, who is in custody since 23.12.2021, has approached this Court for grant of regular bail in connection with Hindpiri P.S. Case No.131 of 2021, registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code and Sections 25(1-B) a, 26, 27 & 35 of the Arms Act.
3. It appears that F.I.R has been lodged against named accused person for committing murder of the son of the informant by firearms. The informant, who is the eye witness, has not taken name of this applicant.
4. Learned counsel for the applicant claims innocence of the applicant and participation in the trial has been assured. It has been submitted that save and except the confessional statement of the co-accused (main assailant), who has taken the name of this applicant with regard to the presence at the place of occurrence. Even in the confessional statement, no role has been attributed to the applicant. 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
6. Considering the fact that the informant, who is the eye witness, has not taken the name of this applicant and no role has been assigned to him by the co-accused, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi, in connection with Hindpiri P.S. Case No.131 of 2021, on the condition that the applicant will submit self-attested photocopy of his Aadhaar 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.)
Chandan/-
1 issue framed by the court
Whether regular bail should be granted to the applicant in a murder case where the eye witness did not name him and the co-accused did not attribute a role to him.
2 provisions across 2 enactments
Md. Irshad
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
