The High Court allowed bail to the petitioner, an accused in a case under the IPC involving assault and land dispute, subject to furnishing a bond and reporting to the police station every last Saturday.
Release on bail bond of Rs. 25,000 with two sureties, subject to condition of reporting to police station every last Saturday.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
B.A .No. 11386 of 2023
Umesh Das … … Petitioner
Versus The State of Jharkhand … … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner : Mrs. Sadhna Kumar, Advocate For the State : Mr. Rajesh Kumar, APP
03 /21.12.2023
Heard the learned counsels for the parties.
The petitioner is an accused in a case registered under sections 147, 149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code.
The learned counsel for the petitioner has submitted that the petitioner is moving his bail application for the second time. Earlier the bail application of the petitioner bearing B.A. No. 6785 of 2023 was rejected by this Court on 04.09.2023, therefore, he has spent more days in judicial custody. It is further submitted that all the sections of the Indian Penal Code are bailable except section 307 of the IPC. It is further submitted that the allegations arise of land dispute between the parties and, consequently scuffle had taken place between the parties in which there was argument and the informant and his family members were injured. It is further submitted that there was no intention to kill any body and whatever had happened it occurred on the spur of moment. It is further submitted that there is no allegation in the FIR that Umesh was armed with any deadly weapon or even a danda. It is further submitted that the grievous injury indicated are on one person Kishori Paswan on the clavicle and the other is Kameshwar Paswan, on the wrist, so it is not on the head or any other vital part of the body except Clavicle and wrist injury other injuries are simple in nature.
Learned counsel for the State, on the other hand, has opposed the bail petition and submitted that there are many accused persons and so there was a assault made by entire gang of people against two people and assault was committed collectively by them. It is only fortunate that the injured persons were not further injured otherwise assault was made by many persons. He has further submitted that there are two grievous injuries, therefore, bail should not be allowed to the petitioner.
Having heard both counsels, gone through the records of the
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case and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on bail, on furnishing bail bond of Rs. 25,000/(rupees twenty five thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Chatra in connection with Itkhori P.S. Case No. 49 of 2023, corresponding to S.T. Case No. 464 of 2023, subject to the condition that the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m for one year, failing which or if any adverse remarks regarding his non-appearance at the police station, his bail bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction of the learned Court below with further condition that the petitioner 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.
(Ratnaker Bhengra, J.)
Sharda/
2 issues framed by the court
Whether the petitioner should be released on bail in a criminal case involving alleged land dispute and assault.
Whether the fact that parties were multiple necessitates refusal of bail.
8 provisions across 1 enactments
Umesh Das
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
