Bail application filed by Basudeo Ganjhu challenging his arrest in a case involving waging waging of war, murder, and arms charges. Court rejected bail prayer given the nature of the gruesome crime and direct allegations against the petitioner.
Prayer for regular bail to the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5138 of 2020
.... Basudeo Ganjhu @ Basudeo Jee .… Petitioner Versus The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. A.K.Chaturvedy, Adv. For the State : APP
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.
04/17.03.2021
Heard learned counsel for the petitioner and learned A.P.P.
The present application has been filed for grant of regular bail to the petitioner in connection with Balumath P.S. Case No.23 of 2011, corresponding to G.R No.174 of 2011 (S.T. No.53 of 2020), registered under Sections 147/ 148/ 149/ 323/ 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 03.03.2020. It has been alleged that although the petitioner has been named in the F.I.R. but no parentage has been disclosed and he claims to be not the person named in the F.I.R. Hence, the petitioner may be enlarged on bail.
On the other hand, learned A.P.P. has opposed the prayer and submitted that the gruesome crime has been committed by the extremist group and there is direct allegation against this petitioner and as such he doesn’t deserve the privilege of bail. Considering the material available on record and nature of crime, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, prayer for bail of the petitioner is, hereby, rejected.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with criminal charges of waging waging of war and murder.
Whether the petitioner's claim that he is not the person named in the FIR warrants bail in view of the nature of the crime.
2 provisions across 2 enactments
Basudeo Ganjhu @ Basudeo Jee
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
