Ashish Kumar Alias Chhotu Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2024)

Ashish Kumar Alias Chhotu Vs the State of… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Daltonganj, in connection with Nawa Bazar P.S. Case No.49/2023 / S.T. Case No.446/2024 (G.R. Case No.1315/2023), subject to conditions of appearance on every date, non-intimidation of witnesses, co-operation in trial, and liberty to the trial court to cancel bail on any adverse report.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in S.T. Case No.446/2024 (offences punishable under Sections 302 and 201 IPC), his earlier bail application having been dismissed, in view of the fact that 5 of 6 prosecution witnesses examined did not support the prosecution case.

Court's answer

Having regard to the facts of the case coupled with the deposition of the PWs (5 of 6 examined witnesses not supporting the prosecution), the Court inclined to enlarge the petitioner on bail.

Ratio / Principle

Bail is subject to conditions: the petitioner shall appear before the trial court on each and every date, shall not threaten witnesses, shall co-operate in trial, and upon any adverse report the trial court shall be at liberty to cancel his bail.

Detailed headnote1 paragraphs

Bail — Regular bail under Sections 302 and 201 IPC — Nawa Bazar P.S. Case No.49/2023 / S.T. Case No.446/2024 (G.R. Case No.1315/2023), Additional Sessions Judge-VIII, Daltonganj — Petitioner's earlier bail application dismissed; thereafter 5 of 6 prosecution witnesses examined turned hostile and did not support the prosecution case; custody stated since 06.06.2023 — Held, having regard to the facts coupled with the deposition of the PWs, petitioner enlarged on bail on bond of Rs. 10,000/- with two sureties of like amount each — Conditions imposed: attendance on every date, no threatening of witnesses, co-operation in trial, and liberty to trial court to cancel bail on adverse report (Deepak Roshan, J.).

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 8541 of 2024

Ashish Kumar @ Chhotu @ Aashish Kumar, aged about 25 years, son of Kamesh Ram, Resident of vill- Tukbera, P.O. Kanda, P.S. Nawa Bazar, District-Palamau.

....Petitioner

Versus The State of Jharkhand ....Opposite Party

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner : Mr. Abhay Kr. Chaturvedy, Adv. For the Resp.-State : Mr. Vishwanath Roy, A.P.P.

04/Dated:-18.10.2024

Heard learned counsels for the parties.

2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 302 and 201 of the Indian Penal Code, in connection with Nawa Bazar P.S. Case No.49/2023 corresponding to S.T. Case No.446/2024 (G.R. Case No.1315/2023).

3. Learned counsel for the petitioner submits that pursuant to the dismissal of earlier bail application of this petitioner, a development took place to the extent that out of 6 witnesses, 5 have been examined and none of them has supported the case of the prosecution; as such, the petitioner may be enlarged on bail who is lying in custody since 06.06.2023. 4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Having regard to the facts of the case coupled with the deposition of the PWs; I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Daltonganj in connection with Nawa Bazar P.S. Case No.49/2023 corresponding to S.T. Case

No.446/2024 (G.R. Case No.1315/2023).

6. It is made clear that the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall co-operate in trial and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner.

(Deepak Roshan, J.)

vikas/-

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