Chhotu Ram Alias Ravi Ram Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2024)

Chhotu Ram Alias Ravi Ram Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner directed to be released on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II at Seraikella in connection with S.T. Case No. 190 of 2022 arising out of Adityapur P.S. Case No. 104 of 2022, subject to conditions of attendance on every date till trial concludes, abstention from similar offences, and no tampering with prosecution evidences or influencing of prosecution witnesses; violation entails cancellation of bail and custody by the Trial Court.

Issue for consideration

Whether petitioner Chotu Ram @ Chhotu Ram @ Ravi Ram, accused in S.T. Case No. 190 of 2022 (murder and allied charges arising out of Adityapur P.S. Case No. 104 of 2022) and in judicial custody since 14.06.2022, should be released on regular bail during the pendency of his trial.

Court's answer

Considering the facts and circumstances of the case, the nature of allegation and the materials available against the petitioner, the Court was inclined to release him on regular bail.

Ratio / Principle

The petitioner was directed to be released on regular bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II at Seraikella, in connection with S.T. Case No. 190 of 2022 arising out of Adityapur P.S. Case No. 104 of 2022.

Key takeaways

Bail was made subject to conditions: (1) physical presence on each and every date till conclusion of the trial unless prevented by sufficient cause to the satisfaction of the Trial Court; (2) abstention from indulging in any or other similar offence till conclusion of the trial; and (3) no tampering with prosecution evidences or influencing of prosecution witnesses.ratio¶¶17
In case of violation of the aforesaid conditions, the petitioner's bail shall be cancelled and he shall be taken into custody by the learned Trial Court itself.ratio¶¶19

Detailed headnote1 paragraphs

BAIL GRANTED — Murder trial. High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.; Order No.05 dated 26.06.2024 in B.A. No.2401 of 2024) released Chotu Ram @ Chhotu Ram @ Ravi Ram, accused in S.T. Case No. 190 of 2022 arising out of Adityapur P.S. Case No. 104 of 2022 — charge framed under Sections 302/34/307/120B IPC and Section 25(1-B)a/35/26/27/25(6) Arms Act, trial pending before Addl. Sessions Judge-II, Seraikella — on regular bail after judicial custody since 14.06.2022. Petitioner's counsel submitted that the informant, stated to be the sole eye witness (examined as P.W.-2), attributed no role to the petitioner; the State opposed citing the advanced stage of trial and the petitioner's criminal antecedent. Bail was granted on a bond of Rs.25,000/- with two like sureties, subject to presence on every date till trial concludes, abstention from similar offences, and no tampering with evidence or influencing of witnesses, failing which bail was to be cancelled with custody by the Trial Court.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.2401 of 2024

Chotu Ram @ Chhotu Ram @ Ravi Ram

… Petitioner Versus The State of Jharkhand … Opposite Party

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Mr. Vikash Kumar, Adv. For the State : Ms. Anuradha Sahay, Addl. P.P.

Order No.05/Dated- 26.06.2024

Heard learned counsel for the parties.

The petitioner has been made an accused in connection with S.T. Case No. 190 of 2022 arising out of Adityapur P.S Case No. 104 of 2022 registered for the offences under Sections 302/201/120 B/34 of the Indian Penal Code and Sections 25 (1-b)a/26/27 of the Arms Act and charge has been framed under Sections 302/34/307/120B of the Indian Penal Code and Section 25(1-B)a/35/26/27/25(6) of the Arms Act, pending in the Court of learned Additional Sessions Judge-II at Seraikella.

As per FIR, informant Kishan Gorai alleged that on 07.06.2022, around 10:00 P.M., a white Bolero arrived at Satbahani Durga Maidan Road where informant’s brother Rajib along with Aashish Gorai and Subir Chatterjee were present along with informant. Chhotu Ram, Sheru Mahato and another person emerged from the vehicle and engaged in a conversation with them. A conflict ensued, leading to Sheru and Chhotu Ram firing pistols at Rajib, Aashish and Subir resulting in their deaths. The informant witnessed the incident and reported it to the police.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that trial has started and the sole eye witness is the informant who has been examined as P.W.-2 and he has attributed no role to the petitioner in the commission of alleged offence of murder (Annex.-3) pg. No.-25. The

petitioner is languishing in Judicial Custody since 14.06.2022 without any rhymes and reasons. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.

On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner and submitted that trial is at advance stage and petitioner has criminal antecedent also. He is likely to abscond which will hamper the smooth trial of the case. Hence, petitioner does not deserve bail.

Considering the facts and circumstances of the case as stated above, nature of allegation coupled with the materials available against the petitioner, I am inclined to release the petitioner on regular bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II at Seraikella in connection with S.T. Case No. 190 of 2022 arising out of Adityapur P.S Case No. 104 of 2022 subject to the conditions:-

(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

(2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

In case of violation of the aforesaid conditions, the bail of the

petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

(Pradeep Kumar Srivastava, J.)

Sachin