, High Court of Jharkhand rejected petitioner's bail application in murder/kidnapping case. Court held that despite age and lack in FIR, recovery of SIM and involvement in abduction precluded granting bail.
Prayer for bail rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 6136 of 2016
Saryu Mahto …. Petitioner Versus The State of Jharkhand …. Respondent
CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : Mr. Ashok KUmar, Advocate For the State : Mr. Sanjay Kumar, APP.
03/ Dated 5th August, 2016
Learned counsel for the State submits that he is filing counteraffidavit during the Court period and the same may be accepted.
The petitioner has been made an accused in connection with Sukhdeonagar (Pandra O.P.) P.S. Case No. 126 of 2016, corresponding to G.R. No. 1246 of 2016 registered under Sections 364(A)/302/201/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioner that petitioner is not named in the FIR and he has also not been identified by the informant in any T.I.P. He further submits that the petitioner has been arrested in this case only on the basis of the confessional statement of coaccused namely Kameshwar Oraon and he is 65 years old. He also submits that petitioner is in custody since 07.03.2016.
Learned counsel for the State opposes the prayer for bail and refers to paragraph no.44,56 and 91 of the case diary.
From perusal the above paragraphs it transpires that after abduction of the deceased, he was kept in petitioner's house and one mobile SIM were recovered from the possession of this petitioner and by the said mobile, ransom was being demanded by the wife of the deceased.
After going through the records, the arguments and in the facts and circumstances, I am not inclined to enlarge the petitioner on regular bail. Hence, his prayer for bail is hereby rejected.
(Ratnaker Bhengra, J.)
Anjali /-
1 issue framed by the court
Whether the petitioner should be granted bail or not.
1 provisions across 1 enactments
Saryu Mahto
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
