Bail application allowed for two petitioners accused of murder and assault in Jasidih P.S. Case No. 404 of 2021.
Petitioners released on bail with bond of Rs.30,000 each and two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9326 of 2022
1.Sandip Prasad Yadav @ Sandip Yadav
2.Govind Yadav ..... … Petitioners
Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioners : Mr. Lalit Yadav, Advocate For the State : Mr. V.K. Vashistha, A.P.P. --------
05/23.11.2022 Heard learned counsel for the applicants and learned A.P.P. for
the State.
This bail application has been filed on behalf of the abovenamed applicants with prayer to release on bail in connection with Jasidih P.S. Case No.404 of 2021 registered under Sections 448, 323, 325, 337, 379, 504/34 and 302 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Deoghar.
Learned counsel for the applicants has submitted that F.I.R. of this case was lodged by the deceased himself with the allegations that on 30.11.2021 at 12 o’ clock of night, all the named accused armed with lathi and danda intruded in the house and began to assault. On being opposed, Jai Prakash Yadav assaulted with lathi on the forehead of the informant, whereby he sustained grievous injuries.
Learned counsel for the applicant has submitted that this F.I.R. was lodged against four named accused including the applicants and all the accused persons have been assigned role of assaulting to the deceased. Though specific role has been assigned to Jai Prakash assaulting with lathi on his head. This informant subsequently died but as per postmortem report, the cause of death could not be ascertained. The very F.I.R. which was lodged by the deceased himself is treated to be dying declaration, same is also not corroborated with the medical evidence as there was no ante mortem head injuries upon the deceased. Similarly situated co-accused Bhairo Lal Yadav has already been granted bail by this Bench vide order dated 19.10.2022 passed in B.A. No.9880 of 2022. The applicant has been languishing in jail since 17th June, 2022.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.
In view of the submissions made and materials on record, the
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bail application of the applicants is hereby allowed. Let the applicants be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) each with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
Rohit
Sandip Prasad Yadav @ Sandip Yadav
Govind Yadav
The State of Jharkhand
Subhash Chand
As recorded by the court registry
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