In a bail application the High Court of Jharkhand enlarged the applicant on bail, considering the period of custody and the stage of evidence despite the charge of murder and unlawful possession of arms.
Directed to release applicant on bail with bond of Rs.10,000 and two sureties of similar amount with conditions regarding Aadhaar and mobile number.
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.
- 1 -
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.282 of 2022
Sunny Kachhap …… Petitioner Versus The State of Jharkhand ….. Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. Shashank Shekhar Pd., Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P ---------
04/Dated: 18th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 19.11.2020, has approached this Court for grant of regular bail in connection with S.T. No.110 of 2021, arising out of Nagri P.S. Case No.165 of 2018(N), registered for the offence under Sections 302/ 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. It appears that the F.I.R has been lodged against two named and three unknown persons. This applicant has been roped in on the basis of the confessional statement of co-accused.
4. Learned counsel for the applicant claims innocence of the applicant and it has been submitted that there is no other materials available on record save and except the confessional statement of co-accused. The co-accused have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 17.01.2020, passed in B.A. No.10410 of 2019.
5. On the other hand learned A.P.P has opposed the prayer for bail
6. Having heard learned counsel for the parties and from perusal of the record, it appears that the case is at the stage of evidence of the prosecution witness.
Considering the period of custody, I am inclined to enlarge the applicant on bail. Accordingly, the applicant is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner – VI, Ranchi, in connection with S.T. No.110 of 2021, arising out of Nagri P.S. Case No.165 of 2018(N), on the condition that the applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether to enlarge the applicant on regular bail considering the duration of custody and the evidence stage.
Whether the confessional statement of co-accused alone is sufficient to deny bail in a person-of-indisputable-guilt case involving serious offences.
2 provisions across 2 enactments
Sunny Kachhap
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
