This judgment allows a bail application filed by Rajesh Oraon in a murder case. The single-judge bench dismissed objections regarding evidence connecting the accused to the crime without relying on any specific legal precedent.
Release on bail on ₹30,000 with two similar sureties to the satisfaction of the Principal District & Sessions Judge, Lohardaga.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 9432 of 2021
Rajesh Oraon … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND
---------For the petitioner : Mr. Altamash Khan, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. (Through V.C. )
03/ 11.01.2022 This bail application is on behalf of applicant Rajesh Oraon with a prayer to release him on bail in case crime being Lohardaga P.S. Case No. 158 of 2019, corresponding to Sessions Trial No. 114 of 2019 (District- Lohardaga), registered for the offence under Section 302 of the Indian Penal Code.
Learned counsel for the applicant has submitted that the First Information Report of this case was lodged by the informant against the applicant in regard to committing murder of her husband. Learned counsel for the applicant has submitted that as per the First Information Report’s allegations, on the fateful night husband of the informant had gone to the house of Jitu wherein the D.J. was being played and did not return to his home till late night and after a long wait, the informant reached the house of Jitu where she was told by the wife of Jitu that a quarrel had taken place between Rajesh Oraon and the husband of the informant Uttam on putting the hand in the pant of Rajesh Oraon by Uttam whereby the note was torn and the matter was also pacified by the persons at the place. As per First Information Report’s allegations, on the next day the dead body of the husband of the informant was found tied with the tree with Gamchha. Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged on the basis of suspicion because of the dispute between the deceased and the applicant on the issue of some rupees being snatched by one from the pocket of other and there is no evidence against the applicant in regard to his complicity in commission of the offence. It is also submitted that the applicant
has been languishing in jail since 24.09.2019.
Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and contended that the cloth with which the deceased was strangulated, was recovered from the house of the applicant but the learned A.P.P. failed to show any evidence to connect the alleged cloth having been used in commission of the offence.
In view of the submissions made and considering the materials available on record this bail application is allowed. Let the applicant, namely, Rajesh Oraon, be released on bail on furnishing bail bond of Rs. 30,000/- (Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Principal District & Sessions Judge, Lohardaga, in connection with Lohardaga P.S. Case No. 158 of 2019, corresponding to Sessions Trial No. 114 of 2019.
(Subhash Chand, J.)
A.K.Verma/
2 issues framed by the court
Whether the bail application of the accused charged with murder under Section 302 IPC should be allowed.
Whether the recovery of cloth from the applicant's house connects him to the commission of the offence.
Rajesh Oraon
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
