Patroon of bail rejected in murder case where FIR lodged by deceased directly accused petitioner of burning, holding direct allegations preclude bail release.
Prayer for bail rejected; petitioner not enlarged on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 134 of 2016 Dinesh Yadav ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioner : Mr. Awanish Shekhar, Advocate For the State : A.P.P. --------
5/ 12.04.2016 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
The petitioner has been made accused for the offence under Sections 307, 302 / 34 of the Indian Penal Code, in connection with Mohanpur P.S. Case No. 408 of 2013 corresponding to G.R. No. 1777 of 2013.
FIR was lodged by the deceased himself, while he was alive and there is direct allegation against the petitioner to have burnt the deceased. Subsequently, the deceased died due to burn injuries.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and he has been made accused under the influence of in-laws of the deceased, whereas the mother of the deceased has given a different story to the occurrence, according to which, the deceased had committed suicide. Learned counsel has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail.
In the facts of this case, since the FIR was lodged by the deceased himself, wherein, there is direct allegation against the petitioner to have burnt him, I am not inclined to enlarge the petitioner, Dinesh Yadav, on bail. Accordingly, his prayer for bail is rejected.
R.Kr.
2 issues framed by the court
Whether the petitioner should be released on bail in a charge of murder where the FIR was lodged by the deceased himself against the petitioner.
Whether the allegations of false implication and contradiction in the mother's statement warrant granting bail.
1 provisions across 1 enactments
Dinesh Yadav
The State of Jharkhand
H. C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
