Allowed

Dayanand Upadhyay Alias Dayanand Upadhayay v. State of Jharkhand

Jharkhand HC4 Sept 2024B.A./6943/2024

Case brief

AI extract

What is this about?

Bail application under Sections 147/148/149/302/120B IPC for a murder allegedly committed by twenty named accused. The court found specific roles attributed only to two co-accused while the applicant had a general, omnibus role based on suspicion, and granted bail.

What did the court decide?

Applicant released on bail on furnishing bail bond of Rs.30,000 with two sureties of like amount to the satisfaction of the court concerned.

Dayanand Upadhyay Alias Dayanand Upadhayay Vs… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6943 of 2024

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Dayanand Upadhyay @ Dayanand Upadhayay, aged about 61 years, son of late Nakul Upadhyay @ late Nakul Upadhayay, resident of Shivpuri, PO & PS Lohsinghna, District Hazaribagh. ..... … 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 : Mrs. J. Mazumdar, Advocate Mr. Rohan Mazumdar, Advocate For the State : Mrs. Vandana Bharti, PP

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-------03/04.09.2024 Heard learned counsel for the applicant and learned P.P. for the

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State.

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This bail application has been filed on behalf of the applicant– Dayanand Upadhyay @ Dayanand Upadhayay with prayer to release on bail in connection with Lohsingnha P.S. Case No. 228 of 2023 registered under sections 147, 148, 149, 302 & 120B of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Hazaribagh.

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The FIR of this case was lodged by the father of deceased with these allegations that on 07.10.2023 Krishan Kumar @ Manman Mandal had left his house at 09:30 for Dr. Amitabah Ganguli for treatment of his elder brother. While returing to the house, he came to know that at 10:30 of day time before Vandana Nursing Home at the main road of Shivpuri Mohalla in front of Hari Om General Store all the named accused persons had committed murder of Krishan Kumar @ Manman Mandal. It appeared that with sharp edged weapon like Bhujali the assault was given on the neck. He was taken to Sheikh Bhikhari Medical Hospital Trauma Center by

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the ambulance where he was declared dead. Prior to the date of occurrence also on 05.10.2023 Chandan Kasera and Rishabh Kasera both had also beaten to the son of informant of which FIR was lodged on 06.10.2023. As such the murder of Krishan Kumar @ Manman Mandal was committed under a conspiracy by all the twenty accused persons.

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All the accused who were named in the FIR by the informant are named on the basis of suspicion and also on account of the prior occurrence which had taken place earlier. The IO also recorded the statement of the witness Ajay Yadav in para-70. This witness has stated that on 07.10.2023 at 10 O'clock he alongwith his friend Anup Kumar was going by the motorcycle from Shiv Puri to Hazaribagh Jhanda Chowk. When they reached to Vandana Nursing Home saw Krishan Kumar @ Manman Mandal with a red colour Apache motorcycle going towards Vandana Nursing Home. In the meantime, when Krishan Kumar @ Manman Mandal reached to the Hari Om General Store, Chandan Kasera, Rishabh Kasera, Amit Kumar, Dayanand Upadhyay, Amar Kumar, Rohit Kasera, Rakesh, Chhotu Kumar @ Mithilesh, Suraj Kumar who were already there alongwith four to five more persons all began to assault to Krishan Kumar @ Manman Mandal. At the same time Rohit Kasera @ Jakki who was armed with the rod and Amar Kumar who was armed with the lathi both assaulted to Krishan Kumar @ Manman Mandal over his head whereby the blood was oozing from the head of Krishan Kumar @ Manman Mandal and he fell down there. All the accused persons fled away and since they became frighten from this very occurrence could not tell to anyone in regard to the occurrence. This statement of Ajay Yadav is corroborated with statement of

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Anup Kumar. Further the independent witness Kundan Kumar and Prakash Rajak have also given the same kind of statement. In postmortem report of deceased cause of death is shown the ante-mortem injuries caused by hard and blunt object. Time elapsed since death is shown less than six hours from the time of conducting postmortem. From the statement of these very independent witnesses, the specific role has been attributed to Rohit Kasera and Amar Kumar assaulting with rod and lathi as well respectively. The general and omnibus role and also being involved in conspiracy has been assigned to all the remaining named accused and unknown persons.

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In view of the above, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.

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(Subhash Chand, J.)

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RKM

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Dayanand Upadhyay Alias Dayanand Upadhayay v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dayanand Upadhyay Alias Dayanand Upadhayay v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

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