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Judgment
Heard the parties through video conferencing. The petitioner has moved this Court for grant of privilege of regular bail in connection with Daltonganj
Town P.S. Case No.24 of 2020 registered under sections 307/302/120B/34 of the Indian Penal Code and under Section 27 of Arms Act.
The learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy
with the co-accused persons was involved in the murder of the deceased namely Guddu Khan @ Rashid Ahmad Siddique. It is next submitted by the
learned Senior Advocate appearing for the petitioner that eye-witness to the occurrence namely Mukhtar Hussain and Ikbal Khan whose statements
appears at paragraph nos.11 and 12 of the case diary have categorically stated about Mintu Rangshaj, Sabir Rangshaj and Amit Mehta to be the
culprits and only doubt is raised about the involvement of the petitioner in the said offence as he was having land dispute with the deceased- Guddu
Khan @ Rashid Ahmad Siddique and earlier the petitioner as well as the deceased- Guddu Khan @ Rashid Ahmad Siddique were making plans to
eliminate each other. It is then submitted by drawing attention of this Court to paragraph no.25 of the case diary where the confessional statement of
Amit Kumar is recorded wherein he has categorically stated that though on one earlier occasion the petitioner allured them to kill Guddu Khan @
Rashid Ahmad Siddique by giving them some amount but they failed to kill Guddu Khan @ Rashid Ahmad Siddique and on the date of occurrence,
they have gone to realize their amount due from Guddu Khan @ Rashid Ahmad Siddique which he did not give them and consequently, they murdered
Guddu Khan @ Rashid Ahmad Siddique. It is further submitted that the allegations against the petitioner are all false and there is no material in the
record to implicate the petitioner in this case. It is next submitted that the petitioner has been in custody since 08.06.2020 as has been mentioned in
paragraph no. 14 of the bail application. 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 C.J.M., Palamau at Daltonganj, in connection with
Daltonganj Town P.S. Case No.24 of 2020 with the condition that he will cooperate with the trial of the case.