Single judge granted regular bail to the applicant in murder conspiracy cases. Applicant directed to execute bail bond with sureties and submit Aadhaar details to lower court.
Released on bail bond of Rs.10,000 with two sureties of like amount each, subject to submitting Aadhaar card and mobile number details to the learned court below.
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.
- 1 -
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.78 of 2023
Subhash Pramanik …… Petitioner Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. J. S. Singh, Advocate Mr. Vikash Kumar, Advocate For the State : Mr. Rajneesh Vardhan, A.P.P ---------
05/Dated: 05th April, 2023
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 20.07.2022, has approached this Court for grant of regular bail in connection with S.T. No.212 of 2022, arising out of Adityapur P.S. Case No.108 of 2022, corresponding to G.R. No.569 of 2022, registered for the offence under Sections 147/ 148/ 149/ 307/ 120B of the Indian Penal Code and Section 27 of the Arms Act. Subsequently Section 302 of the I.P.C has been added.
3. It appears that this applicant has been made an accused for committing murder of the informant's son.
4. It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.
Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that as per the F.I.R., the allegation is against three named accused persons namely, Ashish Deep, Kata and Om. This applicant has been roped in the present case on the basis of suspicion as he is one of the accused in commission of murder of the informant's elder son. Except confession and suspicion, there is no other material against this applicant. On the above basis, prayer for bail has been made.
5. Learned A.P.P has opposed the prayer for bail.
6. Considering the above facts, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Seraikella, in connection with S.T. No.212 of 2022, arising out of Adityapur P.S. Case No.108 of 2022, corresponding to G.R. No.569 of 2022, on the condition that the applicant 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.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether the applicant, who is in custody and claims innocence with no material against him except suspicion, is entitled to regular bail?
Whether strict conditions including furnishing of Aadhaar and mobile number are necessary for the grant of bail in a murder case?
3 provisions across 2 enactments
Subhash Pramanik
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
