Nitish Toppo Alias Nitish Topp v. the State of Jharkhand
Case brief
What is this about?
Single judge hearing an application for bail by the petitioner, Nitish Toppo, accused of murder and offences related to hawking. The court refused to reconsider earlier merit-based rejections despite the bail of co-accused.
What did the court decide?
Prayer for bail rejected.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1023 of 2018
Nitish Toppo @ Nitish Topp ..... … Petitioner
Versus
The State of Jharkhand .…. … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. M.K. Sinha, Advocate For the State : A.P.P. --------
05/ 28.02.2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has been made accused for the offences under Sections 302, 201, 386, 387 and 120-B of the Indian Penal Code, in connection with S.T. No. 198 of 2012, arising out of Hazaribag P.S. Case No. 593 of 2011 corresponding to G.R. No. 2635 of 2011.
The case relates to murder of the son of the informant, whose beheaded dead body was found. It is alleged in the FIR that the petitioner and the other co-accused had taken away the deceased along with them and, thereafter, the deceased did not return back and his beheaded dead body was found. In view of the fact that on the basis of the confessional statement of the petitioner and the other co-accused, the blood stained weapon of offence had been recovered, the earlier bail applications of this petitioner were rejected twice on merits.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the other co-accused has been granted bail in this case.
Issues for consideration
3 issues framed by the court
Whether to reconsider the earlier rejection of bail for the petitioner who is accused of murder and related offences.
Whether the surrender of bail to co-accused warrants granting bail to the petitioner.
Whether the petitioner's prayer for bail should be allowed in the circumstances of the case.
Parties & counsel
- petitioner
Nitish Toppo @ Nitish Topp
- respondent
The State of Jharkhand
Coram
H. C. MISHRA
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · February
- Registered
- Case no.
- B.A./1023/2018
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