In a bail petition under Criminal Miscellaneous Jurisdiction, the High Court of Jharkhand rejected the prayer for release on bail against two petitioners in a case of assault causing death.
The prayer for release on bail of the petitioners from custody is rejected and their detention in custody is confirmed.
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)
BA No. 6880 of 2022
Versus The State of Jharkhand … … Opposite Party
------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA
------For the Petitioners : Mr. Amit Kumar,Advocate For the State : Mrs. Priya Shrestha, Spl.PP
-------- Order No. 07/Dated: 14th October, 2022
When the matter is called out, both the learned counsels have
appeared.
Petitioner is in custody in connection with Sonari PS Case No. 218 of 2021, corresponding to GR Case no. 603 of 2022.
Learned counsel for the petitioners submits that there are eleven named accused and some unnamed accused persons in the FIR. There is no direct allegation against the petitioners. It is stated that son of the informant was allegedly assaulted by many persons. The learned counsel says that the allegation of assault are general in nature and, therefore, the cause of death of the deceased cannot be attributed to these petitioners. Petitioners were arrested only on the basis of suspicion. Petitioners are in custody since 23.12.2021 hence,they may be released on bail.
The learned counsel for the State opposed the prayer for bail and has submitted that it is a clear cut case of assault made by the named accused persons and allegations cannot be considered a general in nature because there were many persons including these petitioners assaulted the deceased resulting to his death. He further submits that three eye-witnesses have given statement during investigation that they have seen the petitioners assaulting the deceased. The medical report also supports the occular version and, therefore, they should not be released on bail.
Having heard both counsels, having gone through the records of the case and in the facts and circumstances of the case, I am not inclined to release the petitioners on bail. Hence, their prayer for bail stands rejected.
(Ratnaker Bhengra, J.)
KNR
2 issues framed by the court
Whether the petitioners, who are in custody and face allegations of assault resulting in death, be released on bail.
Whether the general nature of assault allegations and lack of direct involvement constitute grounds for bail rejection.
Vishal Dutta @ Vishal @ Bishal Dutta
Suraj Bagti @ Khudu
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
