Allowed¶5

Rajiv Samad Alias Rajeev Samad v. the State of Jharkhand

Jharkhand HC12 Apr 2024B.A./588/2024

Case brief

AI extract

What is this about?

Jharkhand High Court grants regular bail: Rajiv Samad @ Rajeev Samad, accused under Section 302 & 34 of the IPC in Toklo P.S. Case No. 13 of 2022 / G.R. No. 81 of 2023 / S.T. No. 155 of 2023 before the Sessions Judge, West Singhbhum at Chaibasa; trial underway with informant witness deposing he did not see the offence; petitioner in jail since 29.07.2022; bail allowed on bond of Rs.25,000/- with two like sureties, conditional on attendance at every trial date, default risking cancellation by the court below.

What did the court decide?

Release on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge, West Singhbhum at Chaibasa, subject to cooperation in the criminal proceeding and presence on every date of trial. ¶5

Rajiv Samad Alias Rajeev Samad Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 588 of 2024

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Rajiv Samad @ Rajeev Samad --- --- Petitioner 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. Rajesh Ranjan Srivastav, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P.

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04/12.04.2024 Heard learned counsel for the petitioner and the learned A.P.P.

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This bail application has been filed by the petitioner who is accused in connection with Toklo P.S. Case No. 13 of 2022, corresponding to G.R. No. 81 of 2023, now S.T. No. 155 of 2023 for the offence registered under Section 302 & 34 of the IPC, pending in the court of learned Sessions Judge, West Singhbhum at Chaibasa.

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It is submitted on behalf of the petitioner that allegation against the petitioner is that the petitioner has caused the injuries by Lathi upon the deceased by which the deceased Gone Samad died. It has further been submitted on behalf of the petitioner that entire allegations were false and fabricated as evident from the statement of the witnesses examined before the prosecution by which it is found that the deceased was suffering from mental disorder and there was a dispute between deceased with Raimuni Ugrasundi and Sukarmani Ugrasundi and by which one Parwati Samad has assaulted on the deceased and thereafter this petitioner is said to have also assaulted the deceased as evident from the statement of the witnesses examined during the course of the investigation vide paragraph 8,9,10,11,12 and 13 of the case diary. Further it has also been submitted that the deceased after the alleged assault did not under go for any kind of medial treatment and next date, it is said that he has died. It has further been submitted that the trial of this case has commenced and some of the witnesses have been examined including the informant and he has stated that he has not seen the offence which is also evident from the statement of the aforesaid witnesses who have been examined during the course of the investigation. Further it has been submitted that this petitioner is in jail since 29.07.2022 and therefore he may be enlarged on bail.

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Learned A.P.P., Mr. Sunil Kumar Dubey appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and

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submitted that the trial of the case is going on and therefore it is not just and fair to enlarge the petitioner on bail.

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Having taken into consideration the aforesaid submissions, it is found just and fair to enlarge the 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 only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, West Singhbhum at Chaibasa in connection with Toklo P.S. Case No. 13 of 2022, corresponding to G.R. No. 81 of 2023, now S.T. No. 155 of 2023, subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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Basant Bahar/ J Minj

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B.A. No. 588 of 2024

Rajiv Samad Alias Rajeev Samad v. the State of Jharkhand

Case brief

What is this about?

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Rajiv Samad Alias Rajeev Samad v. the State of Jharkhand

Case brief

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