Single judge of the High Court of Jharkhand declined to grant regular bail to an applicant in custody during the trial of offences under various IPC, Arms, and C.L.A. sections, citing the nature of allegations, criminal antecedents, and available materials.
The 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.4686 of 2022
Asai Munda @ Asaiya Munda @ Sanika Munda
…… Petitioner
Versus
The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. Amit Kumar, Advocate For the State : Mr. Vishwanath Roy, A.P.P ---------
05/Dated: 20th July, 2022
1. Heard learned counsel for the applicant and learned A.P.P.
2. The applicant, who is in custody since 01.12.2021, has approached this Court for grant of regular bail in connection Arki P.S. Case No.56 of 2019, registered for the offence under Sections 147, 148, 149, 353, 307 & 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.
3. It appears that the F.I.R has been lodged for opening fire on the returning polling party.
4. Learned counsel for the applicant claims innocence of the applicant and participation in the trial has been assured.
5. On the other hand, learned A.P.P has opposed the prayer for bail stating that four criminal antecedents have been reported against this applicant.
6. Considering the nature of allegation, the 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/-
2 issues framed by the court
Whether bail should be granted to the applicant in the context of the nature of accusation and criminal antecedents.
Whether the applicant's assurance of participation in trial and claim of innocence justify enlargement on bail.
8 provisions across 3 enactments
Asai Munda @ Asaiya Munda @ Sanika Munda
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
