In this bail petition, the High Court of Jharkhand considered the petitioner's claim of false implication in a murder case. The State countered with witness statements placing the petitioner at the scene. Uninjured by the direct allegations
Prayer for bail is rejected and the petitioner remains in custody.
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.
THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2793 of 2015
…..
Vikram Singh, son of Krishna Singh, resident of Beaj Bazar, P.O & P.S Govindpur Dist. Dhanbad ( Jharkhand)
…. Petitioner
Versus
The State of Jharkhand …. Opposite Party
CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Pratiush Lala, Advocate For the State : A.P.P.
02/ Dated 7th September, 2015
Heard Mr. Pratiush Lala, learned counsel for the petitioner and learned counsel for the State.
The petitioner has been made an accused in connection with Govindpur P.S. Case No. 406 of 2014 registered under Sections 302/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that petitioner has falsely been implicated in the present case and there is no eye witness to the occurrence. It has also been submitted that petitioner is in custody since 19.8.2014.
Learned counsel for the State opposes the prayer for bail and submits that para 68 of the case diary contains the statement of the daughter of the deceased namely Rimjhim Kumari who has stated that this petitioner as well as her father had come in drunken condition and subsequently thereto her mother had taken away the deceased inside one room where she was forbidden to appear. It has further been submitted that dead body of the deceased was found inside the house of the petitioner.
Considering the direct allegation levelled against the petitioner, I am not inclined to grant bail.
Hence, his prayer for bail is hereby rejected.
(Rongon Mukhopadhyay, J.)
Anjali
3 issues framed by the court
Whether bail should be granted to a petitioner accused of murder where evidence includes direct allegations and statements from a witness.
Whether the contention of false implication and lack of eyewitness justifies the grant of bail in a murder case.
Whether the strength of State's evidence regarding the petitioner's involvement warrants rejection of bail.
1 provisions across 1 enactments
Vikram Singh
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
