The Jharkhand High Court rejected a bail application filed by an accused in a murder case. Based on eye-witness statements and confessional statements indicating a deliberate attempt causing death, the court held that it was not inclined to grant bail.
Bail application stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2393 of 2020
--------- Satyendra Yadav ... … Petitioner Versus The State of Jharkhand ... … Opposite Party --------CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing --------- For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the State : Mr. Sardhu Mahto, A.P.P. For the Informant : Mr. Nandan Prasad, Advocate ---------
03/05.10.2020 Heard Mr. A.K. Kashyap, learned senior counsel for the petitioner and Mr. Sardhu Mahto, learned A.P.P. for the State assisted by Mr. Nandan Prasad, learned counsel appearing for the informant.
The petitioner is an accused in connection with S.T. No. 543/2019, arising out of Chhattarpur P.S. Case No. 53/2019.
It has been alleged that on 01.05.2019 the informant along with his wife, sister and two children were going on a motorcycle to attend the marriage ceremony of the daughter of Govind Yadav. On the way the elder brother of the informant (petitioner) dashed against the motorcycle with his trailer and the wife of the informant died during treatment.
It appears that after investigation charge-sheet has been submitted under Sections 302, 307, 325, 326 and 201 of the Indian Penal Code. In course of investigation the statement of the sister of the informant namely Raj Kaliya Devi has been recorded in para 4 of the case diary in which she has stated that they were chased by the petitioner on his trailer and sensing danger the informant veered his motorcycle towards the unmetalled road but the petitioner followed him and dashed his motorcycle. Similar is the statement of one Chandradeo Yadav recorded in para 8 of the case diary. In the evidence of Dwarika Mistry who is an eye-witness which is recorded in para 13 of the case diary he has stated that he had seen the trailer following the motorcycle and ultimately dashing against it leading to the passengers suffering
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injuries. Similar is the statement of one Alok Yadav who is also an eye witness recorded in para 14 of the case diary. The confessional statement of the petitioner has been recorded at para 100 of the case diary.
On consideration of the statements of the eye-witnesses it appears that there was a deliberate attempt made by the petitioner to do away with the life of the informant and on account of such act the wife of the informant had died and all the persons who were on the motorcycle had sustained injuries.
Regard being had to the aforesaid facts, I am not inclined to grant bail to the petitioner. This application accordingly stands rejected.
(R. Mukhopadhyay, J.)
Alok/-
2 issues framed by the court
Whether bail can be granted to the petitioner who is an accused in a case involving death of a person caused by deliberate attempt.
Whether the statements of eye-witnesses and confessional statement establish deliberate attempt to do away with the life of the informant.
Satyendra Yadav
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
