Bail application for the accused driver in a kidnapping case rejected because the victim girl has not been recovered till date and material lacking to suggest his innocence.
Application for regular bail rejected; petitioner remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.8190 of 2020
Rohit Kumar Choudhary … … Petitioner Versus The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Manoj Kr. Sah, Adv. For the State : Mr. Rakesh Ranjan, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.
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04/23.02.2021: Heard learned counsel for the petitioner and learned counsel for the
State.
The present application has been filed for grant of regular bail to the petitioner in connection with Deoghar (Town) P.S. Case No.374 of 2020, registered for the offence under Sections 363 and 364/34 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Deoghar.
Learned counsel for the petitioner has submitted that the petitioner is in custody since 08.08.2020 and as per the allegation the petitioner is the driver of the vehicle by which the girl has been kidnapped. It has further been submitted that no material has come during the investigation which can suggest that this petitioner was aware regarding the kidnapping of the girl. The petitioner is merely a driver and no role has been played by him. On the basis of above facts, prayer for bail has been made.
Counsel for the State has opposed the prayer for bail and it has been submitted that the girl has not been recovered yet. The vehicle which was involved in kidnapping of the girl was being driven by this accused.
Considering the material available on record and the fact that the minor girl has not been recovered till date, this Court is not inclined to enlarge the petitioner on bail, at this stage.
Accordingly, the present bail application is, hereby, rejected.
(Rajesh Kumar, J.)
Amar/-
1 issue framed by the court
Whether the petitioner is eligible for regular bail in kidnapping and abduction proceedings where the victim remains unrecovered.
1 provisions across 1 enactments
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
