Criminal petitioner challenged his detention via bail application in a case involving charges of attempted murder and armed offence. The High Court rejected the prayer for bail, finding material such as a confessional statement and witnesses opposed the enlargement.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6143 of 2020
....
Amit Kumar Mahto @ Mehta .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Md Shamim Akhtar, Adv. For the Opposite Party : A.P.P.
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.
03/04.01.2021 The petitioner is accused in connection with Daltonganj (Town) P. S. Case No. 24 of 2020 registered under Sections 307/ 302/ 120 (B)/34 of the IPC and under Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 10.02.2020 and further there is no eye witness to the incident and also no TIP has been held. Thus, there is no material available against the petitioner to implicate, save and except the confessional statement, which has no evidentiary value. Hence the petitioner deserves to be enlarged on bail.
Learned A.P.P. has opposed the prayer for bail and submitted that there is confessional statement of the petitioner and further two persons are the witness to the fact that this petitioner has taken the deceased out of the house and thereafter sound of gun shot has been heard.
Considering the above facts, this Court is 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 deserves to be enlarged on bail in a case involving charge of attempted murder and armed offence.
Whether the availability of a confessional statement and presence of count witnesses bars the granting of bail.
Amit Kumar Mahto @ Mehta
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
