The court rejected the petitioner's bail prayer under Article 226, holding that the co-accused's bail based on his role as an agent did not justify enlargement in the present case.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7080 of 2021
Rohit Kumar Choudhary …… Petitioner
Versus
The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Manoj Kumar Sah, Advocate For the State : Mr. Rakesh Ranjan, A.P.P ---------
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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02/Dated: 09th July, 2021
1. Heard learned counsel for the petitioner and learned A.P.P.
2. Earlier the prayer for bail of the petitioner has been rejected on merit by order dated 23.02.2021, passed in B.A. No.8190 of 2020. There is no change in the circumstances and the only ground has been taken that one co-accused namely, Sourabh Choudhary @ Saurabh Kumar Choudhary, has been granted bail by the Co-ordinate Bench of this Court by order dated 19.03.2021, passed in B.A. No.7694 of 2020.
From perusal of the aforesaid order dated 19.03.2021, it appears that the said co-accused has been granted bail as because he has not played any role in the commission of the crime and he has been stated to be an agent of the vehicle.
3. In view of the above facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is, hereby, rejected.
(Rajesh Kumar, J.)
Chandan/-
1 issue framed by the court
Whether the petitioner is entitled to bail given that one co-accused has been granted bail.
Rohit Kumar Choudhary
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
