In a bail application by petitioner accused of rape under IPC 376, this court held that despite counsel's submission about hostile witnesses and direct allegations, the petitioner cannot be released on bail and dismissed the prayer.
Prayer for bail dismissed; Court directed to examine witnesses expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.6963 of 2014
Munnilal Mahto @ Munni Lal Prasad Mahato
..... Petitioner
Versus
The State of Jharkhand
Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Binod Kr. Dubey For the State : A. P.P.
5/1.11.2014 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has been made accused for the offence under Sections 452/379/376 of the Indian Penal Code, in connection with Barkatha P.S. Case No.79 of 2012, corresponding to G.R. No.3142 of 2012.
There being direct allegation against the petitioner to have committed rape upon the victim, the bail application of the petitioner was earlier rejected on merits by order dated 5.12.2012 in B.A. No.7819 of 2012.
Learned counsel for the petitioner has renewed the prayer for bail submitting that some of the witnesses have turned hostile and only the victim, doctor and I.O. have not been examined in this case. Learned counsel accordingly prayed for bail.
The submission of the learned counsel for the petitioner finds support from the impugned order also.
In the facts and circumstances of this case, there being direct allegation against the petitioner, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands dismissed.
The Court below is directed to take effective steps for examination of the remaining witnesses and to dispose of the trial expeditiously.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether the petitioner, accused of rape, should be released on bail given hostile witnesses and direct allegations.
Whether the repetition of bail prayer after rejection on merits warrants grant of bail.
2 provisions across 1 enactments
Munnilal Mahto @ Munni Lal Prasad Mahato
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
