This bail application converted earlier provisional bail into absolute bail for two petitioners accused of aiding KD cognizable offence. The court distinguished them from the principal accused.
Provisional bail granted vide order dated 30.01.2018 is made absolute.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 379 of 2018
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioners : Mr. S.K.Upadhyay, Advocate For the State : A.P.P. For O.P. No. 2 : Mr. Sushil Kr. Sharma, Advocate ……
The petitioners are accused for allegedly committing offence punishable under Sections 363, 366A, 114, 420, 511 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is no allegation against these petitioners of kidnapping the daughter of the informant, rather the allegation is against one Kuldeep Baitha. The only allegation against these petitioners is that they were the associates of Kuldeep Baitha.
Learned counsel for the informant submits that Kuldeep Baitha was the person, who was involved in the offence of kidnapping and these petitioners only helped him.
Taking into consideration the aforesaid fact, I am inclined to allow this application. Accordingly, the provisional bail granted to these petitioners vide order dated 30.01.2018 is hereby made absolute in connection with S.T. Case No. 32/2015, arising out of Complaint Case No. 167/2010, pending in the Court of Addl. Sessions Judge-I. Latehar.
Mukund/-cp. 3
2 issues framed by the court
Whether to convert the provisional bail granted to petitioners into absolute bail given their role as associates rather than principal accused.
Whether the petitioners are liable for kidnapping under Sections 363, 366A, 114, 420, 511 IPC.
5 provisions across 1 enactments
Santosh Prasad Soni @ Santosh Sonar
Anil Paswan
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
