Shahrukh Khan Vs the State of Jharkhand

The petitioner has been made accused in connection with Bistupur P.S. Case No. 242 of 2023 corresponding to G.R. Case No.1918 of 2023 registered under sections 302 and 34 of Indian Penal Code and Sections 27, 25(1-B)a, 26 and 35 of Arms Act.

As per FIR, allegation is that petitioner with common intention with other co-accused person has committed murder of the informant’s son.

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 merely on the confessional statement of the co-accused person. No specific overt act has been attributed against the petitioner rather the direct allegation of committing murder of the informant’s son is against the main accused Abhishek Lal. During investigation, no concrete material has been collected against the petitioner. After investigation, chargesheet 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 16.09.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

Learned Addl. P.P. assisted by learned counsel of the informant has opposed the prayer for bail of the petitioner and submitted that there is direct allegation against the petitioner of supplying firearms to the main accused and instigating him to kill

the informant’s son. Hence, the petitioner may not be enlarged on bail.

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 CJM, Jamshedpur in connection with Bistupur P.S. Case No. 242 of 2023 corresponding to G.R. Case No.1918 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.)

¶16

Pappu/

Shahrukh Khan v. the State of Jharkhand