Petitioner sought bail in a kidnapping case under IPC 364(A) where he was identified by voice. Court rejected bail due to pending serious charges including murder and existing custody.
Prayer for bail in connection with Rajmahal Police Station Case No.354 of 2012 and corresponding G.R. No.634 of 2012 is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1884 of 2018
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Prabhakar Mandal … Petitioner -versus-
The State of Jharkhand … Opposite Party
---CORAM : HON’BLE MR. JUSTICE ANANDA SEN
---For the Petitioner : Mr. Gautam Kumar, Advocate For the State : A.P.P. ----
12/ 09.10.2018 Heard learned counsel for the parties.
Petitioner is an accused for allegedly committing the offence punishable under Sections 364(A) of the Indian Penal Code, in connection with Rajmahal Police Station Case No.354 of 2012 corresponding to G.R. No.634 of 2012, pending in the Court of learned Additional Chief Judicial Magistrate, Rajmahal.
This is a case of kidnapping where the brother of informant was kidnapped and ransom was demanded. This petitioner was identified from voice.
Learned counsel for the petitioner submits that the petitioner is in custody since 16.05.2017 and he has not been identified. He submits that some of the co-accused have been convicted and they have been granted bail by this Court while some other co-accused stand acquitted. Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that from the voice this petitioner was identified and it was this petitioner who was demanding ransom. There are 16 (sixteen) cases pending against this petitioner out of which 5 (five) cases are for offences under Section 302 of the Indian Penal Code.
After hearing the counsel for the parties and especially keeping in view the number of cases pending against this petitioner, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner, abovenamed, in connection with Rajmahal Police Station Case No.354 of 2012 corresponding to G.R. No.634 of 2012, pending in the Court of learned Additional Chief Judicial Magistrate, Rajmahal, is hereby rejected.
This application stands dismissed.
(Ananda Sen, J.)
Kumar/Cp-03
2 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in a kidnapping case where he was identified by voice.
Whether the pending charges including offenses under Section 302 IPC warrant rejection of bail.
2 provisions across 1 enactments
Prabhakar Mandal
The State of Jharkhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
