The High Court of Jharkhand granted bail to Sangam Lohra (petitioner) accused in a murder case (Tamar P.S. Case No. 54 of 2021), directing his release upon furnishing a bond of Rs. 20,000 with two sureties.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each, with a condition to remain physically present for trial.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5362 of 2022
Sangam Lohra
…… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Sabyasanchi, Advocate For the State : Mr. Someshwar Roy, A.P.P.
Order No.03/ Dated:10.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Tamar P.S. Case No. 54 of 2021 corresponding to G.R. No. 2990 of 2021, registered for the offence under Section 302 and 201 of the Indian Penal Code, pending in the court of learned Judicial Magistrate First Class at Ranchi.
Learned counsel for the petitioner has submitted that the F.I.R. of this case was lodged by the father of the deceased with these allegations that his daughter was missing from 07.07.2021 at 9:30 in the morning, when she left the house for taking tuition and despite hectic search no whereabouts was known of her. Missing report was given to the concerned police station on 08.07.2021 and on 10.07.2021 dead body was found lying in the pond which was identified as his daughter. His daughter was having love affairs with one Vikash Lohra who had committed the murder of his daughter because he was creating pressure to marry with his daughter but she was refusing it.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence as alleged in the F.I.R. rather he
has been falsely implicated in this case. It is further submitted that other co-accused, namely, Ajay in B.A. No. 1838 of 2022 vide order dated 04.05.2022, Sahul Seth in B.A. No. 3219 of 2022 vide order dated 06.04.2022, Tufan Khan in B.A. No. 470 of 2022 vide order dated 28.03.2022 have been granted bail by the Co-ordinate Bench of this Court. The petitioner is languishing in Judicial custody since 14.07.2021 without rhymes and reasons. Petitioner undertakes to co-operate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.
Regard being had to the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class at Ranchi in connection with Tamar P.S. Case No. 54 of 2021 corresponding to G.R. No. 2990 of 2021subject to the condition that Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned trial court.
In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself for the purpose of trial.
(Pradeep Kumar Srivastava, J.)
R.K.
1 issue framed by the court
Whether the petitioner accused under Section 302 and 201 of IPC should be discharged on bail.
Sangam Lohra
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
