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Jagarnath Oraon @ Rukhi vs State of Jharkhand

Jharkhand High Court · Decided on 7 December 2020 · Citation: (2020) 12 JH CK 0081

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 307, 326 · Arms Act, 1959 — Section 27
CASE NUMBER
Bail Application No. 9321 of 2020
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Judgment

18 paragraphs · 346 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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

present.

The petitioner has been made accused in connection with Namkum P.S. Case No. 215 of 2019, corresponding to G.R. Case No.1788 of 2019 (S.T.

No.202 of 2020) registered under sections 307/ 326/34/302 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that in furtherance of the common intention of the co-accused

persons, the petitioner murdered the son of the informant. It is next submitted that the petitioner shot at the son of the informant, who died during the

course of his treatment. It is submitted that the allegation against the petitioner is false. It is next submitted that only on the basis of the confessional

statement of the co-accused person, the petitioner has been implicated in this case. It is submitted that the co-accused has been granted bail by the

Co-ordinate Bench of this Court passed in B.A. No.1938 of 2020. It is next submitted that the petitioner undertakes to cooperate with the trial of the

case. It is further submitted that the petitioner has been in custody since 02.08.2019 as mentioned in paragraph 01 of the bail application. Hence it is

submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 A.J.C.XXI at Ranchi in connection with Namkum P.S. Case

No. 215 of 2019, corresponding to G.R. Case No.1788 of 2019 (S.T. No.202 of 2020) with the condition that he will cooperate with the trial of the

case.