Petitioner, accused in kidnapping case, applied for bail. Court noted deficiencies but urged petitioner to fix them. Rejected application due to petitioner's alleged complicity in crime despite alleged victim's support.
Bail application rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 4239 of 2020
Abdul Khalik @ Abdul Khalid @ Khalik… … Petitioner
Versus
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Sujit Kumar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Srivastava, A.P.P.
3/07.09.2020 Heard the parties.
So far as defect no. 9 (ii) & (iii) are concerned, the learned counsel for the petitioner undertakes to remove the same, once the situation normalizes. As regards, defect no. 9 (i) & (iv) to (vii) are concerned, the same are ignored.
The petitioner is an accused in connection with Giridih (T) P.S. Case No. 30 of 2020.
It has been alleged that the nephew of the petitioner was kidnapped for ransom. On the confession of Pramod Das, the child was recovered from Muzaffarpur from the house of Abdul Khalid who is the present petitioner. It appears from the statement under Section 164 Cr.P.C. of the victim which finds place at paragraph 50 of the case diary that the presence of the petitioner has been supported by the said victim.
Regard being had to the complicity of the petitioner in the commission of the offence, I am not inclined to allow this application and the same is hereby rejected.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
3 issues framed by the court
Whether the petitioner's bail application should be allowed despite alleged complicity in the offence.
Whether the court should ignore certain defects in the bail application and allow its examination.
Whether the case allegations of kidnapping a nephew for ransom warrant rejection of bail.
Abdul Khalik @ Abdul Khalid @ Khalik
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court