Kirtan Yadav v. The State Of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand directed the release of the petitioner on bail from a dacoity case where he was not identified in the dock by witnesses relying solely on a co-accused's confession, setting a bail bond of Rs. 10,000 with two sureties.
What did the court decide?
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to Learned Additional Sessions Judge-V, Giridih.
What the court decided
A compact analysis
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. 540 of 2015
Kirtan Yadav ...… Petitioner Versus The State of Jharkhand ...… Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Shree Nivas Roy, Advocate For the State : A.P.P. ------
2/08.4.2015 Heard learned counsel for the petitioner and learned counsel for
the State.
The petitioner has been made accused in connection with Giridih (M) P.S case No.249 of 2012 corresponding to G.R No.2342 of 2012, S.T No.46 of 2013, for the offence under Sections 395 and 412 of the Indian Penal Code.
The case relates to dacoity and the case was instituted against
unknown.
The impugned order shows that the petitioner has been made accused only on the basis of confessional statement of the co-accused and seven witnesses, including the informant, have been examined in this case, but they have not identified the petitioner in the dock.
In the facts and circumstances of the case, I am inclined to enlarge the petitioner, Kirtan Yadav on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-V, Giridih, in connection with Giridih (M) P.S case No.249 of 2012 corresponding to G.R No.2342 of 2012, S.T No.46 of 2013.
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a dacoity case where identification in the dock was absent.
Parties & counsel
- petitioner
Kirtan Yadav
- respondent
The State of Jharkhand
Coram
H. C. Mishra
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- B.A./540/2015
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