Raushan Kumar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2652 of 2024

Raushan Kumar @ Roushan Kumar, aged about 30 years, son of Ashok Prasad, resident of Dabhatu, P.O. and P.S. Gola, District-Ramgarh.

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P. For the informant : Mr. Hemant Kr. Shikarwar, Advocate --------

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Order No. 09/ Dated 11^th September, 2024

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Heard learned counsel for the petitioner and the learned Spl. P.P. assisted by Mr. Hemant Kr. Shikarwar, learned counsel appearing on behalf of the State.

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The petitioner is accused in connection with S.T. Case No.61 of 2023 arising out of Gola P.S. Case No. 9 of 2023 corresponding with G.R. No.256 of 2023, registered under Sections 363/365 of the Indian Penal Code later on in this case charge has been framed under Sections 302/201 of IPC, pending in the Court of Learned Sessions Judge, Ramgarh.

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It is submitted on behalf of the petitioner that as per the F.I.R., the son of the informant namely-Priyanshu Prasad was kidnapped and the case was instituted against unknown persons and later on a dead body of the said Priyanshu Prasad was recovered from the well of the co-villager and accordingly the inquest report and seizure list was prepared. It is submitted on behalf of the petitioner that he is quite innocent and he has not been named in the F.I.R. and he has no role to play in the commission of the offence and the only evidence against this petitioner is the confessional statement of one Nisha Kumari and the confession of the petitioner himself. Further, it has been pointed out that one trouser (jeans) has been recovered from a Dam on the basis of the confessional statement which was never sent for the F.S.L. report either for matching the blood or any other significant evidence of the deceased in order to connect the involvement of this

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petitioner in committing the offence. It has been pointed out that the only thing which has come during the course of the investigation is that there was a quarrel between the petitioner and deceased before one year ago and this petitioner had threatened the deceased and except that there is no other incriminating material found against this petitioner. Further, it has been pointed out that this petitioner is in jail since 01.02.2023 and charge in this case has been framed and therefore, possibility of tempering the evidence is very remote and therefore he deserves to be enlarged on bail.

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On the other hand, the learned Spl. P.P. assisted by Mr. Hemant Kr. Shikarwar, learned counsel appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that there are categorical confession of this petitioner and the co-accused Nisha Kumari in order to connect the involvement of this petitioner in the commission of the offence and further one blood stained trouser (jeans) has also been recovered on the basis of confessional statement which was said to have worn by the petitioner at the time of committing the murder but the learned Spl. P.P. did not deny this fact that the blood stained trouser (jeans) has not been sent for F.S.L. to match the blood of the petitioner / or deceased. Further, it has also been pointed out vide para 50 of C.D. that from the deceased’s mobile, the co-accused Nisha Kumari and the petitioner Roushan Kumar were talking jointly at the relevant from Nisha Kumari’s mobile who was talking to the deceased along with this petitioner on conference and therefore, he does not deserve to be enlarged on bail.

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Having heard the parties, perused the records of this case.

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In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged 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 the Court of Learned Sessions Judge, Ramgarh, in connection with S.T. Case No.61 of 2023 arising out of Gola P.S. Case No. 9 of 2023 corresponding with G.R. No.256 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the

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2 B.A. No.2652 of 2024

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learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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3 B.A. No.2652 of 2024

Raushan Kumar v. the State of Jharkhand

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Raushan Kumar v. the State of Jharkhand

Case brief

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