Bagun Hembrom Vs the State of Jharkhand

Singa Hembrom, aged about 25 years, S/o Rautu Hembrom, resident of Village Sanmriglindi, Tola Barahatu, PO Jamdih, PS Tonto, Dist. West Singhbhum (Jharkhand). ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner(s) : Mr. Anjani Kumar, Advocate For the State : Mr. Shashi Kr. Verma, APP [B.A. No. 3936/24] Mrs. Mohua Palit, APP [B.A. No. 3986/24] --------

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07/09.09.2024 Since both the bail applications arise out of the same FIR case

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crime number, they are taken up together and are being disposed of by this

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common order.

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Heard learned counsel for the applicants and learned APPs for the State.

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B.A. No. 3936 of 2024 this is the second bail petition of Bagun Hembrom and third bail petition of Sukhlal Hembrom and B.A. No. 3986 of 2024 is the second bail petition of Singa Hembrom filed with the prayer to release on bail in connection with S.T. Case No. 223 of 2022, arising out of

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Tonto P.S. Case No.13 of 2022, corresponding to G.R. Case No.325 of 2022 registered under Section 364 of the Indian Penal Code thereafter the charge has been famed u/s 302, 201 r/w 34 of IPC, pending in the court of learned Sessions Judge, West Singhbhum at Chaibasa, wherein the prayer for the bail of the applicants has been renewed on the ground that the first bail petitions of all these petitioners was rejected on the ground that on 06.04.2022 the applicants were arrested and on 07.04.2022 on their confessional statement and pointing out the dead body of both the deceased was recovered while in view of the case diary, all these petitioners were arrested on 09.04.2022 and the dead body of both the deceased had already recovered on 07.04.2022. In view of the above contended to give the privilege of bail to all these petitioners.

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From the very perusal of para-32 of case diary, the dead body of both the deceased was seen for the first time by the villagers lying in the well. Both the dead body were recovered out of the well. On dead body of female deceased one stone was tied with the white colour gamchha. On 07.04.2022 at 16:05 dead body of Jonga Hembrom and at 17:00 dead body of Sanmriglindi were brought out from the well. Both these dead bodies were identified by Golu Hembrom and Bagun Hembrom.

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In view of para-63 of case diary Harinath Hembrom was arrested on 09.04.2022, Sukhlal Hembrom was also arrested on 09.04.2022, Bagun Hembrom son of late Bara Rautu Hembrom @ late Rautu Hembrom was also arrested on 09.04.2022 and Singa Hembrom also arrested on 09.04.2022 and their confessional statement were recorded on 10.04.2022. As such the dead body was not recovered on confessional statement of these

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2

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accused persons rather it has been recovered on 07.04.2022.

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In view of the above, the third bail application of Sukhlal Hembrom and second bail application of Bagun Hembrom son of late Bara Rautu Hembrom @ late Rautu Hembrom and Singa Hembrom are hereby allowed. Let the applicants be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the court concerned in aforesaid cases.

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(Subhash Chand, J.)

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RKM

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Bagun Hembrom v. the State of Jharkhand

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Bagun Hembrom v. the State of Jharkhand

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