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2025 DAILYLAW 18548 (JHR)

CHARAN MADIYA ALIAS CHARAN MARAIYA v. THE STATE OF JHARKHAND

B.A./5859/2025 · 2025-07-21

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:19926 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5859 of 2025 ------ Charan Madiya @ Charan Maraiya, aged about 25 years, s/o Daso Maraiya @ Dasho Maraiya, r/o Shaharpur, P.O. & P.S.- Borio, Dist-Sahibganj (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Aman Shekhar, Advocate : Mr. Ashish Kr. Thakur, Advocate For the State : Mr. Sunil Kr. Dubey, Addl. P.P. ------ Order No.02 Dated- 21.07.2025 Heard the parties. The petitioner has been made accused in connection with Borio P.S. Case No.20 of 2025 registered for the offence punishable under Section 103(1) of the B.N.S., 2023. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed murder of Maku Besra. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been implicated in this case only on the basis of his own confessional statement, which is not in consonance with the contents of the FIR, where there is specific allegation that the deceased sustained injury on her eye but as per the confessional statement, there is no scope of any external injury being caused to the victim. It is further submitted that the petitioner has been in custody since 17.04.2025 as is evident from para-1 of the instant bail application. It is also submitted that the petitioner has no criminal antecedent as mentioned in para-13 of the instant bail application. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and also undertakes that he will not annoy or disturb the witnesses of the case in any manner during the trial of the case. It is lastly submitted that the co-accused person has already been admitted to bail by this Court vide order dated 09.07.2025 in B.A. No.5606 of 2025. Hence, it is submitted that the petitioner be also released on bail. Learned counsel appearing for the State opposes the prayer for bail of the petitioner. Considering the facts of this case, the above-named petitioner is directed to be enlarged 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 the learned Judicial Magistrate-1st Class, Sahibganj in connection with Borio P.S. Case No.20 of 2025 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case and he will not annoy or disturb the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/