Order granting regular bail to two applicants accused of murder, pending a land dispute, on furnishing bonds and conditions.
Directing release on bail on furnishing bonds of Rs. 10,000/- each with two sureties.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 517 of 2023
.... Basudev Mahto @ Basudeov Mahto .… Petitioner Versus The State of Jharkhand .... Opposite Party with B. A. No. 623 of 2023 .... Jagdev Mahto .… Petitioner Versus The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. Nilesh Kumar, Adv.[in both cases] For the State : Mr. Arup Kr. Dey, A.P.P. [B.A. No.517/2023] For the State : Mr. Sanat Kr. Jha, A.P.P. [B.A. No.623/2023]
03/19.04.2023 The applicants who are in custody since 24.08.2022 have approached this Court for grant of regular bail in connection with Angara P.S. Case No.68/2022, registered for the offence under Sections 302/ 120B of IPC.
The applicants are accused of committing murder.
It has been submitted by learned counsel for the applicant(s) that complete set of F.I.R. alongwith its enclosure have been annexed with these bail applications and there is no suppression on his/her part .
Innocence of the applicants has been claimed and undertaking has been given for participation in the trial. It has been submitted by learned counsel for the applicants that both the parties are on litigating terms and there are land dispute and as such they have been falsely implicated in this case. Referring to the post mortem report, it has been submitted that death is due to Asphyxia caused by the mud particles and the place of occurrence is the field and no external injury has been found. On above basis, prayer for bail has been made.
Learned A.P.P. has opposed the prayer for bail of the applicants.
Considering the above fact and the fact that investigation is complete, I am inclined to enlarge the applicants on bail. Accordingly, the applicants, named above, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Ranchi in connection with Angara P.S. Case No.68/2022, subject to the conditions that the applicants will submit self-attested copy of his/her/their Aadhaar Card and also give his/her/their mobile number before the learned court below which he/she/they will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Shahid/
1 issue framed by the court
Whether the applicants accused of murder under Section 302 IPC should be granted regular bail.
Basudev Mahto @ Basudeov Mahto
Jagdev Mahto
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
