In bail application by an accused charged with murder, the High Court of Jharkhand refused bail due to contradictory statements from two Section 164 Cr.P.C. witnesses, one of whom indicated the petitioner was present when the informant's brothers were killed.
Bail application rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 6467 of 2019
Ravi Shankar Lal ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY --For the Petitioner : Mr. Ashok Kumar, Advocate For the State : A.P.P. For the Informant : Mrs. J. Mazumdar, Advocate --- Order No. 03 Dated 20th November, 2019
Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State assisted by the learned counsel for the informant. Petitioner is an accused in connection with Argora P.S. Case No. 84 of 2019, pending in the Court of learned Judicial Magistrate, Ranchi.
It has been alleged that the brothers of the informant were found dead in the house of Lokesh Kumar Choudhary. The petitioner is the driver who was hired by Lokesh Kumar Choudhary. In the statement of one Basudeb Banerjee recorded u/s 164 Cr.P.C. he has stated that both the deceased had come to the office and thereafter they went upstairs. He has further stated that bodyguard Tiwari and M. K. Singh also went upstairs and after some about there was a sound of firing. He has also stated everyone went away and the petitioner was standing in the main gate.
However in the statement of Birendra Sharma recorded u/s 164 Cr.P.C. he has almost echoed what has been stated by the other witness Basudeo Banerjee, save and except the fact that the petitioner was also one of the person who had gone upstairs and was present when the brothers of the informant were shot dead.
Regard being had to the aforesaid fact, I am not inclined to grant bail to the petitioner. The prayer for bail made by the petitioner is hereby rejected.
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether bail should be granted to an accused charged with a fatal offence where contradictory statements by section 164 Cr.P.C. witnesses suggest the accused was present at the time of the shooting.
1 provisions across 1 enactments
Ravi Shankar Lal
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
