Akash Ram And Ors vs State Of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioners 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 petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have been made accused in connection with Sukhdeonagar P.S. Case No. 271 of 2020 registered under sections 341, 323, 325,

307/120B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the deceased- Rahul Bhuiya was lying in unconscious condition in the floor of the petitioners' flat and

the allegation against the petitioner is that the petitioners pushed the deceased from the roof of their flat. It is submitted that the allegation against the

petitioners is false. It is next submitted that there is no eye-witness of the occurrence. It is next submitted that the victim stated before the

Investigating Officer that the petitioners whose the photographs were shown by the Investigating Officer to the deceased were the persons who

pushed the deceased from the roof of the house causing injuries to him resulting in his death. It is next submitted by learned counsel for the petitioners

that it is highly improbable that when the Investigating Officer found the deceased in unconscious condition prior to the date of showing him the

photographs of the petitioners, on which date the deceased allegedly identified the photographs of the petitioners, reference of which has been made in

para 23 of the case diary and after that date also the Investigating Officer found the deceased in unconscious state, in the interregnum the deceased

would have gained sense only to identify the photographs by indications. It is next submitted that no dying declaration of the deceased has been

recorded by the Investigating Officer without any plausible reason though the deceased was allegedly able to speak slowly to the Investigating Officer,

which also makes the alleged identification of the photographs of the petitioners untrustworthy. It is next submitted that the petitioner undertakes to

cooperate with the trial of the case. It is further submitted that the petitioners are in custody since 06.06.2020 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 petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees

twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned JMFC at Ranchi in connection with Sukhdeonagar

P.S. Case No. 271 of 2020 with the condition that they will cooperate with the trial of the case.