High CourtsSingle Bench

Atwa Barla vs State Of Jharkhand

Jharkhand High Court · Decided on 10 December 2020 · Citation: (2020) 12 JH CK 0037

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 323, 379 · Arms Act, 1959 — Section 27
RESULT
Allowed
CASE NUMBER
Bail Application No. 9422 Of 2020
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Judgment

18 paragraphs · 403 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with S.T. No. 140 of 2018 arising out of Karra P.S. Case No.85 of 2016 [G.R. No.

433 of 2016(S)] registered under sections 323/302/379/34 of the Indian Penal Code and under section 27 of the Arms Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in the murder of the father of

the informant who was posted as a Guard in Lodhma B.Ed. College. It is further submitted that the allegations against the petitioner are all false. It is

then submitted that there is no eyewitness to the occurrence and the petitioner has been implicated in this case only on the basis of suspicion and on

the basis of confessional statement of the co-accused -Suraj Tuti and Anthony Topno. It is next submitted that the petitioner has been in custody since

13.02.2020 as has been mentioned in paragraph no. 17 of the bail application. It is then submitted that the co-accused persons have already been

released on bail by a coordinate Bench of this Court vide order dated 21.03.2018, passed in B.A. No. 1286 and 1292 of 2018 and vide order dated

17.11.2017, passed in B.A. No. 5736 of 2017. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is

submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees

Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khunti, in connection with S.T. No.

140 of 2018 arising out of Karra P.S. Case No.85 of 2016 [G.R. No. 433 of 2016(S)] with the condition that he will cooperate with the trial of the

case.