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2025 DAILYLAW 7935 (JHR)

SHASHI GOPE v. THE STATE OF JHARKHAND

B.A./3323/2025 · 2025-05-01

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:13239 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3323 of 2025 ------ Shashi Gope, Age -29 years, S/o-Lachhman Gope, R/o – Village –Barha, P.O. –Tangar, P.S. –Chanho, District –Ranchi, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rahul Pandey, Advocate : Mr. Bhanu Kumar No.1, Advocate For the State : Mr. Sanat Kr. Jha, Addl. P.P. For the Informant : Mr. Uttam Kumar Das, Advocate ------ Order No.02 Dated- 01.05.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with S.T. Case No. 388 of 2024 arising out of Nagri P.S. Case No.204 of 2023 registered for the offences punishable under sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. 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 committed the murder of the husband of the informant. It is further submitted that the allegations against the petitioner are all false and the petitioner is not named in the F.I.R. It is then submitted that the petitioner has been implicated in this case only on the basis of his confessional statement leading to recovery of two country made pistol and one misfired cartridge. It is further submitted that there is no ballistic report to connect the recovered arms with the bullet injuries sustained by the deceased. It is next submitted that the petitioner has been in custody since 21.11.2023, as has been mentioned in paragraph no. 01 of the bail application. It is then submitted that till today, no witnesses have been examined during the trial. It is next submitted that the co-accused person has already been admitted to bail by a coordinate Bench of this Court vide order dated 24.02.2025, in B.A. No. 1520 of 2025. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further 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 admitted to bail. The learned Addl. P.P. and the learned counsel for the informant 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 Additional Judicial Commissioner -X, Ranchi, in connection with S.T. Case No. 388 of 2024 arising out of Nagri P.S. Case No.204 of 2023 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that 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.) Sonu-Gunjan/