(Petitioner is in Custody)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
B.A. No. ………………………… of 2024
In the matter of:
An application under Section
439 and 440 of the Code of
Criminal Procedure, 1973;
AND
In the matter of:-
Jitendra Ram, aged about 42 years, Son of Lakhan
Ram, resident at Nehru Road Cant. Quarter, P.O. &
P.S. - Ramgarh, District – Ramgarh.
… Petitioner
Versus
The State of Jharkhand … Opposite Party
2
To,
Hon’ble Mr. Justice Shree Chandrashekhar,
the Acting Chief Justice of the High Court
of Jharkhand and his other companion
Judges of the said Hon’ble Court.
The humble application on
behalf of the above named
petitioner:
Most Respectfully Sheweth:
1. That in the instant bail application, the
petitioner prays for an appropriate order
for grant of regular bail from this
Hon’ble Court in connection with Mandu
(Kuju) P.S. Case No. 170 of 2023 (S.T.
Case No. 33 of 2024), registered under
3
Sections 302, 307/34 of Indian Penal Code
and under section 27 of Arms Act, now the
case is pending in the Court of Sri Sanjay
Pratap, Learned Additional Sessions Judge-
I, Ramgarh.
2. That the Petitioner has not moved before
this Hon’ble Court for grant of self same
relief or any other relief in connection
with this case, nor has the petitioner
filed any other criminal application like
anticipatory / regular bail application,
criminal writ petition, criminal revision
or criminal miscellaneous petition, etc.
before this Hon’ble Court in connection
with this case.
4
That the cause of action falls within the
territorial jurisdiction of Hon’ble High
Court of Jharkhand
3. That the prosecution case as per the of
written report of informant Binod Kumar,
stating therein that on 13.08.2023, at
about 12:00 hours when he reached on his
private land situated at Hathmara four
lane, he saw that accused Janu Sardar,
Harpreet Singh, Kriti Gaurav, Pramod
Jaiswal, Manoranjan Giri and other 15 to
20 persons came and started demolishing
his boundary wall with the help of JCB
machine. Nearby persons namely Pawan Kr.
Yadav, Janki Yadav, Santosh Yadav and
5
Pintu Yadav came and seen the demolishing
the boundary wall and when the informant
objected the same, all the accused persons
started abusing and assaulting him. In the
meantime after seeing the Pawan Yadav,
Janki Yadav, Santosh Yadav and Pintu Yadav
came to save him all the accused persons
instigated accused Manoranjan Giri to shot
them then accused Manoranjan Giri brought
a pistol from the car of Janu Sardar
bearing registration No. JH01DQ-6272 and
shot Janki Yadav and Pawan Kumar Yadav due
to which both Janki Yadav and Pawan Kr.
Yadav fell on the ground. The accused
persons also extended threat to kill them
6
if any one come on the said land. Hence,
the present case.
Photo copy of the certified
copy of the
First Information Report is
being annexed herewith and
marked as Annexure-1 to
this Application.
4. That the petitioner states and submits
that the petitioner is absolutely innocent
and has committed no offence as alleged in
the First Information Report.
5. That the petitioner states and submits
that he has been falsely implicated in the
present case.
7
6. That the petitioner states and submits
that the petitioner is not named in the
first information report and only on
suspicion his name has been added by the
investigating agency only on the basis of
confessional statement of the co-accused
persons.
7. That the petitioner states and submits
that the petitioner is not named in the
F.I.R. and there is specific allegation
attributed against the other co-accused
persons.
8. That the petitioner states that it is
evident from bare reading of the F.I.R
that there is specific allegation of
8
gunfire is against the co-accused person
Manoranjan Giri.
9. That the petitioner is absolutely innocent
and has not committed any offence even
then he has been implicated in this case
only with a view to harass and blackmail.
It is further stated that the petitioner
was not present at the place of occurrence
when the alleged incident took place.
10. That the petitioner states that the
petitioner has no concern with the co-
accused persons or with the alleged
incident.
11. That the petitioner states that even
during investigation, no cogent evidence
has been collected so as to establish the
9
complicity of the petitioner in the
alleged offence.
12. That the petitioner states and submits
that it is pertinent to mention herein
that the petitioner has also been made
accused with respect to present incident
and separate F.I.R. has been lodged
against the petitioner and others being
Mandu(Kuju) P.S. Case No. 171 of 2023
registered u/s 147, 148, 149, 323, 307,
504, 506, 120B of IPC and 25(1-B)(a), 26,
35, 25(1-AAA) of Arms Act.
13. That the petitioner states and submits
that petitioner has nothing to do with the
alleged offence.
10
14. That the petitioner states that the
petitioner works as sweeper in Ramgarh
Cantt, Ramgarh and he is languishing in
judicial custody since 05.01.2024.
15. That the petitioner states and submits
that charge too has been framed against
the petitioner vide order dated
30.03.2024.
16. That the petitioner states that in any
view false implication of the petitioner
in this case cannot be ruled out.
17. That the petitioner states and submits
that the co-accused persons namely Harmit
Singh @ Harprit Singh has been granted
regular bail in B.A. No. 1080 of 2024
which has been allowed by the Hon’ble Mr.
11
Justice Ambuj Nath vide order dated
19.03.2024, co-accused person namely
Pankaj Ram @ Pankaj kr. Ram has been
granted regular bail in B.A. No. 191 of
2024 which has been allowed by the Hon’ble
Mr. Justice Ambuj Nath vide order dated
08.04.2024 and Vikram Kumar has been
granted regular bail in B.A. No. 190 of
2024 which has been allowed by the Hon’ble
Mr. Justice Ambuj Nath vide order dated
08.04.2024.
Webcopy of the orders
dated 19.03.2024,
08.04.2024 and 08.04.2024
are being annexed
herewith and marked as
12
Annexure-2 Series to this
Application.
18. That the petitioner states that the
petitioner has suffered gravely by his
detention in judicial custody and has
been facing serious harassment and
humiliation and his further detention in
judicial custody would cause him serious
loss and irreparable injury.
19. That the petitioner states that there is
no chance of absconding of petitioner
and/or tampering with the evidence of the
prosecution and he will face the trial.
20. That the petitioner is ready and willing
to furnish such surety or sureties as to
Your Lordship may deem fit and proper to
13
the satisfaction of the learned court
below.
21. That the petitioner undertakes to abide
with all such terms and conditions which
would be imposed by this Hon’ble Court for
grant of bail to the petitioner.
22. That the petitioner states that the
petitioner had moved before the Court of
Sri Sanjay Pratap, Learned Additional
Sessions Judge-I, Ramgarh for grant of
regular bail in M.C.A. No. 137 of 2024 but
the same has been rejected vide an order
dated 16.04.2024 without considering the
aforesaid facts and circumstances of the
present case.
14
23. That this application is being made bona
fide and in the interest of justice.
It is, therefore, humbly prayed
that Your Lordship may graciously
be pleased to direct the
petitioner to be released on bail
in connection with Mandu (Kuju)
P.S. Case No. 170 of 2023 (S.T.
Case No. 33 of 2024), now the
case is pending in the Court of
Sri Sanjay Pratap, Learned
Additional Sessions Judge-I,
Ramgarh.
And / or
Pass such other order or orders
as Your Lordship may deem fit and
15
proper in the facts and
circumstances of this case.
And for this the Petitioner shall
ever pray.
16
A F F I D A V I T
I, Bobby Kumar, son of Shakha
Ram, resident of Nehru Road Cantt. staff
Qatar, P.O. & P.S. - Ramgarh, District –
Ramgarh, do hereby solemnly affirm and
state as follows:-
1. That I am nephew as well as
pairvikar of the petitioner in this case
and as such, I am well acquainted with the
facts and circumstances of the case.
2. That the contents of this bail
application and affidavit have been read
over and explained to me in Hindi which I
have understood.
3. That the statements made in Para
Nos.___________________are true to my
knowledge, those made in Para
17
Nos.________________are based upon
information derived from the records of
the case and rest are by way of
submissions before this Hon’ble Court.
4. That the annexures are
photo/true/ certified copies of their
respective originals.
5. That I do hereby verified, sworn
and signed on 22.04.2024 before this
Hon’ble Jharkhand High Court at Ranchi.
18
(Petitioner is in Custody)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
B.A. No. …………………………of 2024
Jitendra Ram … Petitioner
Versus
The State of Jharkhand … Opposite Party
I N D E X
Subject:- Regular Bail
Sl. No. Particulars Page Nos.
1. Bail application along 1-18
with affidavit and copy
Aadhar Card of the
pairvikar
2. Annexure-1 Photo copy of the
certified copy of the
First Information Report
3. Annexure-2 Webcopy of the orders
Series
dated 19.03.2024,
08.04.2024 and 08.04.2024
4. Impugned order
5. Vakalatnama
