Petitioners sought bail in a criminal case, arguing innocence and lack of specific role beyond village rivalry. The Court noted witness testimony placing the petitioner in a group assault but ultimately rejected the bail application.
Prayer for bail for Petitioner No.1 is rejected; he remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction)
BA No. 7338 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 : Mr. Anup Pawan Topno, APP
-------- Order No.06/Dated: 5th September, 2022
When the matter is called out, both the learned counsels have appeared.
The learned counsel for the petitioners submits that petitioner No.1 is innocent and has not committed any offence. He further submits that no specific role has been played by the petitioner. He has been implicated in this case due to village rivalry. Only general and omnibus allegations have been made. Nothing has been recovered from the possession of the petitioner. He further submits that charge sheet has been submitted and also cognizance has been taken. Petitioner is in custody since 06.03.2022, therefore, he may be released on bail.
Learned counsel for the State opposed the prayer for bail and pointed out paragraph no. 8 of the counter-affidavit wherein it is stated that two of the witnesses have seen the assault made by a group of persons including Karan Dutta Munda, the petitioner No.1.
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 No.1., at this stage, on bail, Hence, his prayer for bail stands rejected.
(Ratnaker Bhengra, J.)
KNR
2 issues framed by the court
Whether petitioner No.1 is entitled to release on bail given the allegations and lack of specific role.
Whether bail should be granted at this stage considering the witnesses identified the petitioner in the assault.
Karan Dutta Munda @ Karan Dutta
Deepak Singh Sardar @ Deepak
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
