Allowed

Bhim Gope v. the State of Jharkhand

Jharkhand HC12 Jun 2024B.A./3300/2024

Case brief

AI extract

What is this about?

Bail application by an accused in a knife-attack case registered under multiple IPC sections including 307. Considering the nature of allegations, materials on record, period of custody since November 2022, and parity with a co-accused granted bail, the court enlarged the petitioner on bail with conditions to appear at trial and not tamper with evidence.

What did the court decide?

Petitioner directed to be released on bail on bond of Rs.25,000 with two sureties, conditioned on appearing each trial date and not tampering with evidence.

Bhim Gope Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3300 of 2024

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Bhim Gope .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Rohit Agarwal, Advocate For the State : Mr. Fahad Allam, Addl.P.P

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Order No.04 Dated- 12.06.2024

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Azadnagar P.S. Case No. 103 of 2022 corresponding to G.R. Case No.733 of 2023 in S.T. Case No.461 of 2023 registered under sections 341, 323, 324, 354, 307, 504, 506 and 34 of Indian Penal Code.

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On 10.10.2022 at about 10:00 pm, while the petitioner along with 4-5 other friends were playing cards with hulla . Upon objection raised by the informant’s wife for not making noise, petitioner abused and quarreled with her and when the informant himself came to save her, then petitioner inflicted knife blows upon his backside and caused grievous injuries to him.

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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 with ulterior motive. Both parties are neighbours to each other and the dispute arose between the parties due to parking of vehicle, in which the informant scuffled with petitioner’s brother and assaulted him. The injuries sustained by the injured are found to be simple in nature. Co-accused with similar allegation has already been granted regular bail by the Coordinate Bench of this Court vide order dated 09.02.2024 passed in B.A. No.12041 of 2023. 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 18.11.2022 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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

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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 Additional Sessions Judge-V, Jamshedpur in connection with Azadnagar P.S. Case No. 103 of 2022 corresponding to G.R. Case No.733 of 2023 in S.T. Case No.461 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.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Bhim Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhim Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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