Allowed

Naresh Ganjhu v. the State of Jharkhand

Jharkhand HC6 Aug 2024B.A./6097/2024

Case brief

AI extract

What is this about?

Regular bail application under Sections 302, 201 and 34 IPC arising from Kunda P.S. Case No. 56 of 2019. Petitioner alleged involvement based only on suspicion tied to black-magic beliefs; seven witnesses examined, most hostile; co-accused already bailed by coordinate Bench.

What did the court decide?

Petitioner released on bail on bond of Rs.25,000 with two like sureties to the satisfaction of Additional District and Sessions Judge-IV, Chatra, subject to trial-cooperation conditions.

Naresh Ganjhu Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 6097 of 2024

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Naresh Ganjhu, aged about 65 years, Son of Late Magha Ganjhu, Resident of Village Khushiyal, P.O. & P.S. Kunda, District Chatra --- --- Petitioner Versus

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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. Anupam Anand, Advocate

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Mr. Pranav Kumar, Advocate For the State : Mr. Vijoy Kumar Sinha, A.P.P.

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03/06.08.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

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Petitioner is an accused in connection with Kunda P.S. Case No. 56 of 2019 (S.T. Case No. 191 of 2024) for the offence registered under Section 302, 201 & 34 of the IPC, pending in the court of learned Additional District and Sessions Judge-IV, Chatra.

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It is submitted on behalf of the petitioner that as per the allegations narrated in the F.I.R, petitioner is involved in the murder of father of the Informant along with co-accused. It is submitted on behalf of the petitioner that no one has seen the occurrence and petitioner has been named in the case only on the basis of baseless suspicion of superstitious belief under which it was alleged that the deceased was said to have been practicing black magic due to which the son of the petitioner was bitten by snake and subsequently he died at the instance of the deceased. Therefore, this petitioner has been named for commission of the offence of murder of father of the informant and there is no other evidence. It has further been submitted that similarly situated co-accused persons also named in the F.I.R. i.e., Santosh Ganjhu @ Santosh Parahiya and Sudhir Ganjhu have been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 4045 of 2023 order dated 03.10.2023 and B.A. No. 1016 of 2024 order dated 19.04.2024 respectively. It is submitted that trial of the case has commenced and in course of trial 7 witnesses have been examined and out of

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whom P.W.2 is the doctor and rest of the witnesses have been declared hostile. Further, it has been submitted that petitioner is languishing in jail since 24.01.2024 and therefore, he deserves to be enlarged on bail. It is also submitted that petitioner has no criminal antecedent.

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On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner but did not controvert the fact that similarly situated co-accused persons have been enlarged on bail by a coordinate Bench of this Court.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Learned Additional District and Sessions Judge-IV, Chatra in connection with Kunda P.S. Case No. 56 of 2019 (S.T. Case No. 191 of 2024), 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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A.Mohanty

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Naresh Ganjhu v. the State of Jharkhand

Case brief

What is this about?

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Naresh Ganjhu v. the State of Jharkhand

Case brief

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