Bail application dismissed. The High Court of Jharkhand refused bail to the petitioner implicated in a murder attempt case, rejecting the argument that lack of recovered articles and reliance on confession and call records warranted release.
Application dismissed; petitioner not released on bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5666 of 2016
Rajnish Kumar Singh ….. Petitioner -V e r s u s- The State of Jharkhand ….. Opposite Party CORAM: HON'BLE MR. JUSTICE ANANDA SEN For the Petitioner : Mr. Bibhash Sinha, Advocate For the State : APP 04/05.08.2016
Counsel for the petitioner submits that the petitioner has been implicated in this case, only on the basis of his confessional statement and on the basis of the call details record. He further submits that no incriminating article has been recovered from the possession of this petitioner.
Learned A.P.P. submits that it come in the investigation that this petitioner was regularly in touch with one Luvkush Sharma who happens to be the main accused and was having a regular conversation at that relevant time through his own mobile phone. He also submits that the call details of the other persons who have been associated with the person also shows that the petitioner is in regular touch with Luvkush Sharma. At the relevant time, from the call records, it is apparent that when the occurrence had taken place, the petitioner was found near about the place of occurrence. The confessional statement of the petitioner also matches with the call details record (CDR).
That this is a case where the petitioner was engaged to commit murder of the informant for non-payment of extortion money. This petitioner attempted to commit murder. It is alleged that Lavkush Sharma had engaged this petitioner to commit the crime.
Regard being had to the aforementioned facts, at this stage I am not inclined to enlarge the petitioner on bail.
Hence, this bail application is dismissed.
(Ananda Sen, J.)
Amar
2 issues framed by the court
Whether the petitioner, implicated based on confessional statement and call details, is entitled to bail in a murder case.
Whether the lack of recovery of incriminating articles should be a ground to enlarge bail.
Rajnish Kumar Singh
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
