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2025 DAILYLAW 7699 (JHR)

SAMSUDDIN MOMIN v. THE STATE OF JHARKHAND

B.A./2478/2025 · 2025-07-01

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:17430] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2478 of 2025 ------ Samsuddin Momin, aged about – 46 yrs, S/o. Jamshed Momin, R/o. Vill- Kashipur, P.O.- Kapali, P.S.- Chandil, Dist: Seraikella – Kharsawan, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhishek Kr. Dubey, Advocate Mr. Atif Anwar, Advocate Mr. Yuvraj Singh, Advocate For the State : Mrs. Anuradha Sahay, Addl.P.P ------ Order No.03 Dated-01-07-2025 I.A. No.7164 of 2025 Heard the parties. Learned counsel for the petitioner submits that this interlocutory application has been filed for early hearing. Since the hearing of this bail application is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) B.A. No.2478 of 2025 Heard the parties. The petitioner has been made accused in connection with Chandil P.S. Case No.259 of 2024 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 Sandeep Kumar Singh. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner is not named in the FIR, yet he has been implicated in this case on the basis of the confessional statement of the co- accused Md. Sharik Ansari. It is then submitted that the only allegation against the petitioner is that the petitioner supplied arms and ammunitions used in the crime and after committing the occurrence, the co-accused returned the arms and two cartridges. It is then submitted that there is further allegation against the petitioner that, upon confessional statement, arms used in the crime was recovered from the possession of the petitioner. It is then submitted that though the arms which are allegedly being supplied by the petitioner is a desi katta but as per the injuries sustained by the deceased, the injuries were caused by a sharp cutting weapons and not by any firearm. It is then submitted that though charge-sheet has already been submitted in this case but no witness has been examined so far during the trial. It is further submitted that the petitioner has been in custody since 07.12.2024 as is evident from para-5 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 informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be 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 SDJM, Chandil in connection with Chandil P.S. Case No.259 of 2024 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 informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Saroj/