In this criminal miscellaneous application, the High Court of Jharkhand rejected the petitioner's bail plea. Despite arguments regarding custody duration and absence in the FIR, the bench dismissed the application citing the serious nature of the gangrape, assault, and pregnancy of the victim.
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 (Criminal Miscellaneous Jurisdiction) B.A .No. 5806 of 2022
Salkhu Hansdah … … Petitioner Versus
The State of Jharkhand
… … Opposite Party
CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioner : Mr. Niranjan Kumar , Advocate For the State : Mr. V.S. Sahay , APP
-------- Order No. 08 /Dated: 23rd September, 2022
Heard Mr. Niranjan Kumar, the learned counsel for the petitioner and Mr. V.S. Sahay, the learned APP for the State.
The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has only come in the confession of coaccused. Moreover, it is submitted that petitioner is in custody from 25.08.2021 i.e. more than one year, therefore, the petitioner should be allowed bail.
Learned counsel for the State, on the other hand, has opposed the bail application and pointed out that it is a case of gang rape and apparently the victim was also pregnant and she was also assaulted.
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, named above, on bail at this stage.
Accordingly, the bail application of the petitioner is rejected at
this stage.
(Ratnaker Bhengra, J.)
Sharda/
2 issues framed by the court
Whether the petitioner should be released on bail given his custody period and lack of naming in the FIR.
Whether the grave nature of gang rape and pregnancy of victim precludes bail at this stage.
Salkhu Hansdah
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
