Sumit Gope @ Jaleshwar Gope @ Jale ... vs The State Of Jharkhand
2021 Latest Caselaw 306 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              B.A. No. 11362 of 2020
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Sumit Gope @ Jaleshwar Gope @ Jale Ahir ... Petitioner Versus The State of Jharkhand ... Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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    For the Petitioner         : Mr. K.S. Nanda, Advocate
    For the State              : Mr. J. Pandey, Addl. P.P.
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    Order No. Dated- 20.01.2021

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 Sisai (Bharno) P.S. Case No.104 of 2007 (Spt. G.R. Case No.308 of 2009) registered under sections 302/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons has murdered the husband of the informant namely Faguwa @ Munda. It is further submitted that the allegations against the petitioner are all false and the co-accused- Sukra Munda have been acquitted by the trial court vide judgment dated 17.02.2020 in Sessions Trial (Spt. I) Case No.308 of 2009 passed by the Additional Sessions Judge-V, Gumla and therein the informant was examined as P.W.4 and she has categorically stated that only because the petitioner along with co-accused-Butua Ahir took away the motorcycle of Ropna Ahir from the house of the informant which is was brought by the husband of the informant as the Ropna Ahir has taken Rs.1500/- from the husband of the informant hence, the informant suspects, the petitioner to be involved in the murder of the husband of the informant. It is next submitted that the petitioner has been in custody since 06.07.2020 as has been mentioned in paragraph no. 1 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., Gumla, in connection with Sisai (Bharno) P.S. Case No.104 of 2007 (Spt. G.R. Case No.308 of 2009) with the condition that the petitioner will cooperate with the trial of the case.

(Anil Kumar Choudhary, J.) Sonu-Gunjan/