Rajesh Mushahar @ Rajesh Kumar And Ors vs State Of Jharkhand

Heard, learned counsel for the petitioners, Mr. Gautam Kumar. Learned counsel for the petitioners has submitted that the petitioners have prayed for grant of regular bail in connection with Borio (J) P.S. Case No. 325/2018 corresponding to G.R. No. 64/2019 (S.T. No. 190/2019) for the offence registered under Sections 302/201/120B I.P.C.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against five accused persons including these petitioners with an allegation that Chhotu Mushahar and Kundan Paswan called son of the informant on pretext of calling by these three petitioners and thereafter the son of the informant went, but his dead body was recovered.

Learned counsel for the petitioner has submitted that these three petitioners namely, Rajesh Mushahar @ Rajesh Kumar, Laddu Mushahar @ Ranjet Mushahar and Rajballabh Mushahar have not been seen by any witness either with the deceased or with the co- accused, Chhotu Mushar and Kundan Paswan, who went and called the son of the informant, as such, these petitioners, who are in custody since 08.11.2019 & 12.11.2018, may be enlarged on bail, as charge has already been framed on 25.07.2019.

Learned counsel for the State, Mr. Shekhar Sinha and Mr. Rajneesh Vardhan, Additional Public Prosecutor in their respective cases have opposed the prayer for bail and have submitted that these petitioners are in league with Chhotu Mushahar and Kundan Paswan, as such, they may not be enlarged on bail as it is a case under Sections 302, 201 and 120B I.P.C.

After hearing learned counsel for the parties and on the basis of material available on record, it appears that deceased was last seen with Chhotu Mushar and Kundan Paswan. There is no material in the case diary to connect these petitioners namely, Rajesh Mushahar @ Rajesh Kumar, Laddu Mushahar @ Ranjet Mushahar and Rajballabh Mushahar either with the deceased or with Chhotu Mushahar and Kundan Paswan nor any witness has seen them with the deceased, as such, considering the material available on record, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each in connection with Borio (J) P.S. Case No. 325/2018 corresponding to G.R. No. 64/2019 (S.T. No. 190/2019) to the satisfaction of learned Additional Sessions Judge- III, Sahibganj on the following conditions:

(i) In B.A. No. 2888/2020, one of the bailors shall be the deponent / pairvikar of the present case namely, Subrato Mukherjee, son of Late Sukumar Mukherjee, resident of Village - Mahajantoli, Rajmahal, P.O. & P.S. - Rajmahal, District - Sahibganj, who has furnished photocopy of his UID Card bearing number 3856 5928 2725 before this Court in the bail application.

In B.A. No. 2933/2020, one of the bailors shall be the deponent / pairvikar of the present case namely, Bhola Musahar, son of Rajwala Musahar, resident of Village - Chota Solbandha, P.O. - Mahadevganj, P.S. - Sahibganj, District - Sahibganj, who has furnished photocopy of his UID Card bearing number 8328 3087 4080 before this Court in the bail application.

Office is directed to send the photocopies of UID Cards bearing no. 3856 5928 2725 & 8328 3087 4080 of deponents alongwith this order to the court below so as to verify the authenticity of the bailors.

(ii) Another bailor shall be close relative of the petitioners i.e. father / mother / son / wife / brother.

(iii) Petitioners shall appear before the trial court on each and every date till conclusion of the trial, failing which, the State is at liberty to file cancellation of bail of the petitioners.

(iv) The Jail Authority shall release the petitioners only after their medical check-up.

(v) The Civil Surgeon, Sahibganj is directed to medically examine the petitioners at the time of their release and if they are infected with corona virus, they shall be taken for quarantine, but if no such requirement is there, they shall be released forthwith, if not wanted in any other case.

(vi) The petitioners shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through pandemic of Covid-19.

Accordingly, the instant bail applications are allowed.