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Lalbir Oraon vs State Of Jharkhand

Jharkhand High Court · Decided on 10 February 2021 · Citation: (2021) 02 JH CK 0095

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 201, 302
CASE NUMBER
Bail Application No. 739 Of 2021
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Judgment

21 paragraphs · 408 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by 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 Herhanj P.S. case no. 21 of 2020 registered under Sections 302, 201, 34 of the Indian Penal

Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of husband of

the informant. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by

learned counsel for the petitioner that there is inordinate delay of two days in lodging the FIR and the petitioner had no intention to kill the deceased as

the petitioner allegedly assaulted the deceased with lathi. It is further submitted by learned counsel for the petitioner that the petitioner has been in

judicial custody since 10.06.2020 as mentioned in paragraph 15 of the bail application and the petitioner is ready and willing to co-operate with the trial

of the case and also ready and willing to pay Rs. 25,000/- as ad interim victim compensation to the informant without prejudice to his defence and he

undertakes not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner is directed to be released on bail on

depositing Rs. 25,000/- by way of demand draft drawn in favour of informant as ad interim victim compensation and 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 J.M., 1st class, Latehar in

connection with Herhanj P.S. case no. 21 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case and will not

annoy or disturb the informant in any manner during pendency of the case.

In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the informant and release the demand

draft in her favour on proper identification forthwith.