In an application for bail under an FIR involving assault and death by suffocation, the High Court rejected the petitioner's plea, noting the accused's instrumental role in the incident and rejecting the argument that allegations were general, citing a similar rejection for a co-accused.
Prayer for bail was rejected.
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. 11597 of 2021 Jawed Ansari @ Raju ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing --For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Rajesh Kumar, A.P.P. For the Informant : Mr. Pran Pranay, Advocate --- Order No. 02 Dated 24th November, 2021
Heard the learned counsel appearing for the respective parties.
Defects, as pointed out by the office, are ignored.
The petitioner is an accused in connection with S.T. No. 97 of 2021 arising out of Lohardaga P.S. Case No. 87 of 2021 (G.R. No. 339 of 2021), pending before the Court of learned Additional Sessions Judge-IV, Lohardaga.
The petitioner and others had forcibly entered into the house of the informant and assaulted his brother and sister-in-laws. When the brother of the informant fled, he was chased and caught and his face was forced into the cow dung pit as a result of which he died.
It has been stated by the learned counsel for the petitioner that the allegations are general and omnibus in nature. It has further been stated that even in the postmortem report it has been mentioned that the deceased had fallen down on mud as a result of which he died. Learned counsel also submits that some of the co-accused persons have been granted bail by this Court.
Mr. Pran Pranay, learned counsel appearing for the informant has opposed the prayer for bail of the petitioner and has submitted that exactly on similar footing the prayer for bail of co-accused Abed Ansari @ Gullu has been rejected by this Court in B.A. No. 11130 of 2021.
It appears that the petitioner is one of the accused persons who was instrumental in forcing the deceased into the mud which resulted in his suffocation and consequent death. It also appears that co-accused Abed Ansari @ Gullu was also one of the accused along with the petitioner who had taken part in such act and considering the fact that his prayer for bail has been rejected in B.A. No. 11130 of 2021, I am not inclined to grant bail to the petitioner and the same is hereby rejected
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of forcing the deceased into a cow dung pit leading to his death.
Whether the petitioner's bail prayer should be allowed considering similar co-accused prayers were rejected in a related bail application.
Colour shows how this judgement treated each authority
B.A. No. 11130 of 2021Referred¶8
Jawed Ansari @ Raju
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
