In bail application arising from Sessions Trial for offences under IPC Sections 376(D), 302/34, 201/34, High Court of Jharkhand found that petitioner falsely named but granted no bail due to diary records confirming complicity.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2766 of 2017
Loha Tina Pahan, s/o Birsa Pahan, r/o village- Raja Kunjla, POBichna, PS- Murhu, Dist.-Khunti … Petitioner Versus
The State of Jharkhand ... Opposite Party
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
-----For the Petitioner : Mr. Vishal Kr. Rai, Advocate For the State : Mr. Pankaj Kumar, A.P.P -------
Heard the learned counsels appearing for the parties and perused the documents on record.
06/08.09.2017
The petitioner has been made an accused in Sessions Trial No. 105 of 2016 arising out of Murhu P.S. Case No. 33 of 2016 which was registered for offences under Sections 376(D), 302/34, 201/34 I.P.C.
Contending that the petitioner, who was not named in the First Information Report, has been falsely implicated in the instant case, the learned counsel for the petitioner submits that the petitioner, who is in judicial custody since 16.05.2016, deserves bail in the instant case.
Mr. Pankaj Kumar, the learned A.P.P opposing the prayer for grant of bail submits that the call detail records received during the course of investigation confirms the complicity of the petitioner in the offence. There are other witnesses also who have seen the petitioner in the marriage ceremony. Moreover, the trial is at an advance stage. As many as 6 prosecution witnesses have already been examined in the trial.
In the above facts, I am not inclined to entertain the bail application and accordingly, it is dismissed.
(Shree Chandrashekhar, J.)
Amit/
1 issue framed by the court
Whether bail should be granted to the petitioner falsely implicated in the offences under Sections 376(D), 302/34, 201/34 I.P.C.
LOHA TINA PAHAN
THE STATE OF JHARKHAND
SHREE CHANDRASHEKHAR
As recorded by the court registry
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