This second bail application in an NDPS/IPC case was rejected as no new grounds were found for the petitioner's release, despite the appellant's objection regarding the evaluation of witness testimony examined in the trial court.
Prayer for bail is refused as no new ground is found on record.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4903 of 2022
Prakash Singh @ Abhishek Singh
..... … Petitioner
Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-------For the Petitioner : Mrs. Renu Bala, Advocate For the State : Mr. Gautam Rakesh, A.P.P. --------
07/ 14.10.2022 This is the second Bail Application on behalf of the applicant with prayer to release on bail in connection with Chandwa P.S. Case No. 86 of 2021, registered under Sections 414/120-B/34 of the Indian Penal Code and 20 (b) (ii) and 25/29 of the N.D.P.S. Act, pending in the Court of the Principal District and Sessions Judge, Latehar on the ground that first Bail Application was rejected vide order dated 25.01.2022 in B.A.No. 12783 of 2021 by this Court and after rejection of the first Bail Application, witnesses were examined before the Trial Court and they have not supported the prosecution case.
Learned A.P.P. opposed the contention made by the learned Counsel for the applicant and contended that testimony of the witnesses who were examined before trial court, cannot be evaluated for disposal of the second Bail Application; moreso first Bail Application was rejected on merit.
In view of the submissions made and the materials on record, no new ground is found for the second Bail Application. Accordingly, prayer for bail is refused.
(Subhash Chand, J.)
P.K.S.
1 issue framed by the court
Whether new grounds for bail are found to release the petitioner in the second bail application after the first was rejected.
2 provisions across 2 enactments
Prakash Singh @ Abhishek Singh
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
