In a bail application under Criminal Miscellaneous jurisdiction, the High Court of Jharkhand, on the petitioner's submission of lack of eyewitness testimony and subsequent change of statements, rejected the prayer for bail as the petitioner did not deserve release.
Prayer for bail stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
BA No. 4573 of 2022
Lalu Saw @ Lalu Kumar Saw … … Petitioner Versus The State of Jharkhand … … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Suraj Deo Munda, APP For the Informant : Mr. Razaullah Ansari, Advocate
-------- Order No.05/Dated: 16th September, 2022
When the matter is called out, both the learned counsels have
appeared.
Learned counsel for the petitioner submits that in this case informant himself has stated that he is not the eyewitness nor his wife, namely, Sita Devi is the eyewitness to the occurrence. The case is based only on suspicion as there was enmity between the parties. Learned counsel further submitted that the informant Binod Saw and his wife both have subsequently changed their statement to implicate the petitioner in this case. There is also doubt as the FIR was lodged on the next day of the occurrence.
Learned counsel for the State submits that during investigation as many as five witnesses have supported the prosecution case. From paragraph No. 7 of the case diary the learned counsel for the State submits that one Birju Sao and Dayanand Sao have also stated the similar fact. Therefore, petitioner does not deserve bail.
Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am not inclined to release the petitioner on bail. Hence, his prayer for bail stands rejected.
KNR (Ratnaker Bhengra, J.)
1 issue framed by the court
Whether the petitioner deserves bail given the suspicion, enmity, and delay in lodging the FIR.
Lalu Saw @ Lalu Kumar Saw
The State of Jharkhand
RATNAKER BHENGRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
