The High Court of Jharkhand rejected the petitioner's bail application in a murder case. The Court held that evidence in the case diary, including a recovered motorcycle and confessional statement, established direct complicity, precluding bail.
The prayer for bail of the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 501 of 2020
Taukir Khan @ Tokir Khan … … Petitioner
The State of Jharkhand … … Opp. Party
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Ms. Chandana Kumari, Advocate For the Opp. Party : Mr. Ranjit Kumar, A.P.P.
03/25.02.2020 Heard Ms. Chandana Kumari, learned counsel for the petitioner and Mr. Ranjit Kumar, learned A.P.P. for the State.
Petitioner has been made accused in connection with Ratu P.S.
Case No. 279 of 2018, S. T. No. 416 of 2019.
The son of the informant was taken away by the petitioner and an unknown person on a motorcycle. In the next morning the dead body of his son was found near Ring Road. Suspicion was cast upon the petitioner and other as the son of the informant had a dispute with the petitioner and others.
Learned counsel for the petitioner submits that co-accused Md. Israfil @ Raj has been granted bail by this Court in B.A. No. 5106 of 2019. It has also been stated that the petitioner has been implicated on suspicion.
On perusal of the case diary, it appears that Paragraph – 46 contains the confessional statement of the petitioner and on the confession of the petitioner motorcycle of the deceased was recovered which finds place at Paragraph – 52 of the case diary.
Regard being had to the fact that direct complicity of the petitioner in the commission of the offence has been established, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.
(Rongon Mukhopadhyay, J.)
Umesh/-
2 issues framed by the court
Whether bail should be granted to the petitioner who is an accused in a murder case where direct complicity has been established.
Whether the existence of a confessional statement in the case diary bars the grant of bail.
Taukir Khan @ Tokir Khan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
