IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7345 of 2011
Manoj Ojha ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
With
B. A. No. 6753 of 2011
Samir Sahu ..... Petitioner
Versus
The State of Jharkhand ..... Opposite party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioners :M/s. Ananda Sen, Amit Kr. Das
For the State :A. P.P.
For the Informant :Mr. Awanish Shekhar
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3/14.11.2011
Both the bail applications arise out of the same case and as such,
they are taken up together and disposed of by this common order.
Heard learned counsel for the petitioners, learned A.P.P. for the
Prosecution and also learned counsel for the informant who appeared
through Vakalatnama.
Petitioners have been made accused for the offence under Sections
302, 201, 120B/34 of the Indian Penal Code, in connection with Telco
(Govindpur) P.S. Case No. 87 of 2011, corresponding to G.R. No. 719 of
2011.
The case relates to murder of one Anil Dubey and it appears from the
FIR itself that the petitioner Manoj Ojha has been named as a person with
whom the deceased had gone on a motorcycle. The petitioner Samir Sahu is
not named in the FIR. From the FIR, it also appears that the motive behind
the occurrence was love affair between the deceased and one relative of
the petitioner Manoj Ojha.
However, it appears from the FIR that prior to the occurrence the
sister of the deceased had talked on the mobile phone of the deceased and
the deceased had informed her that he was with the petitioner Manoj Ojha
and would return back after sometime. Subsequently, the dead body of the
deceased was found.
Learned counsel for the petitioners has submitted that there is no eye
witness to the occurrence and only material that has been collected by the
Police during investigation is that the deceased had last been seen with the
petitioners and, accordingly, has prayed for bail.
Learned counsel for the informant on the other hand opposed the
prayer for bail and submitting that both these petitioners were found
alongwith the deceased at about 11:00 pm in the night subsequently, the
dead body of the deceased was found.
-2-
In the facts and circumstances of the case, particularly in view of the fact
that there is no eye witness to the occurrence and the only material against
the petitioners is that the deceased was last seen in the company of these
petitioners, I am inclined to release the petitioners on bail. Accordingly, the
petitioners Manoj Ojha and Samir Sahu are directed to be released on bail,
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with
two sureties of like amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamshedpur in connection with Telco (Govindpur) P.S. Case No.
87 of 2011, corresponding to G.R. No. 719 of 2011.
(H. C. Mishra, J)
Umesh/-
