The petitioner, an accused in a murder case, sought bail. The absence of eye witnesses and release of similar accused supported the submission that no legal evidence existed against him. The court granted bail.
Petitioner released on bail on furnishing a bond of Rs.10,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6700 of 2018
Kamlesh Singh
... Petitioner(s).
Versus
The State of Jharkhand … Opp. Party(s).
------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN .
For the Petitioner(s) : Mr. B.M. Tripathy, Sr. Advocate.
Mr. Naveen Kr. Jaiswal, Advocate. For the State : A.P.P.
03/01.11.2018:
Heard the counsel for the parties.
Learned A.P.P opposes the prayer for bail.
The petitioner is an accused for the offence punishable under Section(s) 302, 379, 411, 120B and 34 of the Indian Penal Code.
Learned senior counsel for the petitioner submits that similarly situated co-accused, Arvind Kumar Singh and one another have been released on bail vide order dated 25.7.2018 by this Court in B.A. Nos. 5970 and 4783 of 2018. He further submits that the mobile phone, which was of the deceased, was recovered from the possession of the accused person. Save and except confessional statement of coaccused, there is no legal evidence against the petitioner.
Admittedly, there is no eye witness to the said occurrence.
Learned A.P.P though opposes the prayer for bail but cannot controvert the said submission.
In view of the aforesaid fact, I am inclined to release the petitioner on bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bokaro, in connection with Bokaro Steel City P.S. Case No. 29/2018, corresponding to G.R. No. 169/2018.
(ANANDA SEN, J.)
Anu/-C.P.-3
2 issues framed by the court
Whether the petitioner qualifies for bail despite being accused of murder and other offences.
Whether the absence of eye witnesses and reliance on co-accused statement supports granting bail.
1 provisions across 1 enactments
Kamlesh Singh
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
