Chandan Das Alias Chandi Das Alias Chandi v. the State of Jharkhand
Case brief
What is this about?
Single judge of the High Court of Jharkhand rejected the petitioner's bail application in a rape and murder case, relying on eye witness statements that the petitioner found the unconscious victim at the crime scene.
What did the court decide?
Bail prayer rejected.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4967 of 2018 Chandan Das @ Chandi Das @ Chandi …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Sanjay Kumar Pandey, Advocate For the State : A.P.P. …......
03/14.09.2018
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 302,376A of the IPC.
There is an allegation against the petitioner that he has committed rape and murder of the deceased.
Counsel for the petitioner submit that post-mortem report does not suggest that rape was committed and petitioner has taken the deceased to the hospital.
Learned A.P.P. opposes the prayer for bail and submits that statement of the eye witnesses have been recorded at paragraph nos. 10, 11 and 12 of the case diary in which they have stated that they went to the house of the victim and knocked the door but no one opened the door. After repeated knock the door was opened by this petitioner. Victim was found lying in unconscious state. The petitioner was in half naked condition so was the deceased victim. Later on, the victim died.
Issues for consideration
1 issue framed by the court
Whether the petitioner entitled to bail in an offence of rape and murder given the eye witness testimony of finding the victim unconscious.
Parties & counsel
- petitioner
Chandan Das
- respondent
State of Jharkhand
Coram
ANANDA SEN
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- B.A./4967/2018
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