IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 8313 of 2022

1. Aldeo Munda @ Etwa Munda

2. Bahadur Munda

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… Petitioners

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner

: Mr. Vishal Kumar Rai, Advocate

For the State

: Mr. Tapas Roy, A.P.P.

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04/ 07.09.2022

Heard learned counsel for the applicant and learned A.P.P. for the State.

This bail application has been filed on behalf of the applicants– Aldeo

Munda @ Etwa Munda and Bahadur Munda with prayer to release on bail in connection

with Maranghada P.S. Case No. 28 of 2021, corresponding to GR No. 522 of 2021,

registered under Sections 302, 201, 34 of the Indian Penal Code, pending in the court

of learned Sessions Judge, Khunti.

Learned counsel for the applicant has submitted that the F.I.R. of this

case was lodged against the unknown persons with these allegations that the son of

the informant had left the house along with the applicant No.1, namely, Aldeo Munda

@ Etwa Munda on 20.07.2021 but he did not come back to his house. It is further

submitted that on 28.07.2021 during search mukhiya of village found dead body of one

person lying near bush which was identified to be of the son of the informant. Learned

counsel for the applicant has further submitted that there is no eyewitness of the

occurrence, name of the applicants transpired during investigation. The only evidence

against the applicant No.1 is of last seen and there is no such evidence against the

applicant No.2. Only on the basis of joint confessional statement of the accused

persons, the weapon is alleged to be recovered. The applicants have been languishing

in jail since 29.07.2021.

Learned APP appearing on behalf of the State vehemently opposed the

contentions made by the learned counsel for the applicants and contended that the

deceased was last seen with applicant No.1 and the weapon which was used in

commission of murder of deceased was recovered on the basis of joint confessional

statement of the accused. The cause of death is shown as haemorrhage as a result of

ante-mortem injury and the time of death shown six days ago from the date of

conducting post-mortem. The post-mortem was conducted on 28.07.2021, the time gap

between the last seen and the time of death is only of two days and there is no

evidence that anyone has seen the deceased during that period and, as such, it was the

applicant No.1, who was the perpetrator of the crime.

Learned counsel for the applicant has further submitted that though there

is last seen of the deceased with the applicant No.1 but on the very day the applicant

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No.1 has told to the informant that he had left his son near the river and the applicant

No.1 thoroughly remained in the village as he had not committed any crime. So far as

the recovery of the weapon is concerned, same was not bloodstain and is alleged to be

recovered on the joint confessional statement of both the accused, and the same has

been planted. The applicants have been languishing in jail since 29.07.2021.

In view of the submissions made and materials on record, the bail

application of the applicants is hereby allowed. Let the applicants be released on bail on

furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) each with two sureties of

the like amount each to the satisfaction of the learned Court concerned in aforesaid

case.

(Subhash Chand, J.)

Madhav/-