Lallu Ram Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

Lallu Ram Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner Lallu Ram directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Nagar Untari, Garhwa, in connection with Kharoundhi P.S. Case No. 44 of 2023, subject to conditions of physical presence on each and every trial date till conclusion unless dispensed with for sufficient cause, and of not tampering with prosecution evidence or influencing or gaining over witnesses.

Issue for consideration

Whether petitioner Lallu Ram, accused in Kharoundhi P.S. Case No. 44 of 2023 under sections 302 and 34 IPC and in judicial custody since 02.10.2023, should be released on bail.

Court's answer

The Court considered the facts and circumstances of the case, the nature of the allegation against the petitioner, the materials available on record and the period of custody of the petitioner.

Ratio / Principle

On that consideration, the Court was inclined to release the petitioner on bail.

Key takeaways

The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Nagar Untari, Garhwa, in connection with Kharoundhi P.S. Case No. 44 of 2023.ratio¶16
Release subjected to the condition that the petitioner appear physically on each and every date during the trial of the case till its conclusion, unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court.ratio¶16

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Jharkhand at Ranchi, B.A. No.1664 of 2024, Order No.04 dated 10.06.2024 (Pradeep Kumar Srivastava, J.): Lallu Ram, accused in Kharoundhi P.S. Case No. 44 of 2023 registered under sections 302 and 34 IPC — FIR alleging that he and others armed with lathi-danda and tangi abused the informant's mother and, on the father's protest, brutally assaulted him, leading to his death at Sadar Hospital, Garhwa — and in judicial custody since 02.10.2023 with the charge-sheet already submitted, was held entitled to release, the Court considering the facts and circumstances of the case, the nature of the allegation, the materials available on record and the period of custody. Released on a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Nagar Untari, Garhwa, conditioned on (i) physical presence on each and every trial date till conclusion unless dispensed with for sufficient cause to the satisfaction of the learned trial court, and (ii) abstention from tampering with prosecution evidence or influencing or gaining over witnesses. Counsel had pleaded false implication due to previous enmity and asserted that the deceased (aged about 65 years) died of illness with no internal or external mark of injury apparent from the post-mortem report; the Addl. P.P. opposed the prayer.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1664 of 2024

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Lallu Ram .... .... …. Petitioner

Versus

The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mrs. Bandana Sinha, Addl.P.P

Order No.04 Dated- 10.06.2024

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Kharoundhi P.S. Case No. 44 of 2023 registered under sections 302 and 34 of Indian Penal Code.

As per FIR, allegation is that the present petitioner along with others armed with lathi-danda and tangi came to the door of the informant and started abusing his mother calling her diaan . Upon protest raised by the informant’s father, petitioner assaulted his father brutally as a result of which, his father became unconscious and he was taken to Sadar Hospital, Garhwa and died.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case due to previous enmity between the parties. It is further submitted that the informant’s father was aged about 65 years and he died due to illness and no mark injury was found either on internal and external side as it apparent from the post-mortem report of the deceased. Charge-sheet has been submitted against the petitioner. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioner is languishing in judicial custody since 02.10.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials

available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Nagar Untari, Garhwa in connection with Kharoundhi P.S. Case No. 44 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(Pradeep Kumar Srivastava, J.)

Pappu/