This balancing order granted regular bail to the petitioner in a murder case, noting that earlier bail was rejected but circumstances changed with witness non-identification and co-accused release.
Directed to release Tinku Singh on bail on a bond of Rs. 10,000 with two sureties of like amount.
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.10219 of 2015
Tinku Singh @ Arbind Kumar Singh, son of Janardhan Singh Resident of Village Gangtal Khurd, P.O. & P.S. Godda,(T), District-Godda .... .... …. Petitioner
Versus
The State of Jharkhand .... .... .... Opp. Party
CORAM : HON'BLE MR. JUSTICE RAVI NATH VERMA
------ For the Petitioners : Mr. Kailash Prasad Deo, Advocate For the State : A.P.P.
The sole petitioner- Tinku Singh @ Arbind Kumar Singh has moved this Court for grant of regular bail in connection with S.T. No.15 of 2015/08 arising out of Poraiyahat P.S. Case No. 06 of 2012 instituted under Section 302/328/34 of the Indian Penal Code. Heard learned counsel for the petitioner as well as learned
02/08.01.2016
A.P.P. for the State.
The prosecution case, in short is that on 08.01.2012 this informant along with his brother Manoj Kumar Yadav (deceased) after appearing in written examination of V.L.W. returned to their residence whereafter at about 6.15 p.m. his brother received one mobile call from one Lobin Ramani, who asked him to come near Gangta Kali Mandir but his brother did not return in the night and on the next day the informant tried to contact his brother on his mobile, but at 11.30 a.m. Lobin Ramani informed him about the death of his brother. Thereafter, the informant went Kalika Line Hotel and found his brother dead.
Learned counsel appearing for the petitioners submitted that earlier bail application of the petitioner was rejected by this Court vide order dated 19.02.2015 passed in B.A. No.9419 of 2014. After the case is committed to the court of Sessions, charges have been framed and nine witnesses have been examined including the informant and the informant in her evidence has denied to identify this petitioner in court. It was also submitted that co-accused persons namely Praful Mandal has already been released on bail by another Bench of this Court. Learned counsel further submitted that the petitioner is in custody since 05.11.2014. Hence, in the changed circumstances, the petitioner deserves to be released on bail.
Learned A.P.P. for the State opposed the prayer for bail relying upon the confessional statement of this petitioner as recorded in Para 79
of the case diary.
The bail of the petitioner was earlier rejected when the chargesheet was not submitted but now after commitment of case to the court of Sessions, nine witnesses have been examined including the informant, who has not identified this petitioner in court and other co-accused persons have been granted bail, I am inclined to enlarge the petitioner on bail. Accordingly, the sole petitioner-Tinku Singh @ Arbind Kumar Singh is directed to be released on bail, on furnishing bail bond of Rs. 10,000/(Rs. Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-I, Godda in connection with S.T. No.15 of 2015/08 arising out of Poraiyahat P.S. Case No. 06 of 2012 corresponding to G.R. No. 49 of 2012.
Anit
2 issues framed by the court
Whether to grant regular bail to the petitioner in a murder case where the informant failed to identify him and a co-accused was released on bail.
Whether changed circumstances warrant the release of the petitioner on bail.
1 provisions across 1 enactments
Tinku Singh @ Arbind Kumar Singh
The State of Jharkhand
Ravi Nath Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
