This court considered an application for regular bail in a murder case. The applicant claimed innocence citing a lack of evidence beyond a confessional statement, while opposing counsel highlighted criminal antecedents and prior framing of charges. The court rejected the bail prayer.
Prayer for bail of the applicant is 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.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.1441 of 2022
Taukir Alam @ Raj @ Rinku @ Touqer Alam …… Petitioner
Versus
The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Nawin Kr. Singh, A.P.P
04/Dated: 15th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 04.06.2021, has approached this Court for grant of regular bail in connection with S.T. No.605 of 2009 (S), arising out of Kotwali P.S. Case No.199 of 2009, corresponding to G.R. No.1069 of 2009, registered for the offence under Sections 302/ 34 & 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. It appears that F.I.R has been lodged against unknown for committing murder and after investigation, this applicant has been charged in the present case.
4. Learned counsel for the applicant claims innocence of the applicant and it has been submitted that save and except the confessional statement there is no other materials available on record against this applicant.
5. On the other hand, learned A.P.P has opposed the prayer for bail and has submitted that several criminal antecedents have been reported against this applicant. it has been further submitted that after due investigation, chargesheet has been submitted and the court below has taken cognizance and charge has also been framed in this case.
6. Considering the fact that the applicant has criminal antecedents and the materials available on record, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly, the prayer for bail of the applicant is, hereby, rejected.
(Rajesh Kumar, J.)
Chandan/-
3 issues framed by the court
Whether bail should be granted to the applicant in connection with murder and arms charge.
Whether the existence of criminal antecedents precludes the grant of bail.
Whether the materials on record justify rejection of the bail application.
2 provisions across 2 enactments
Taukir Alam
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
