Rahul Mandal Alias Shyam Mandal v. the State of Jharkhand
Case brief
What is this about?
Single-judge bench rejected bail plea of applicant accused of murder who claimed innocence and alleged lack of motive or eyewitness, holding materials do not permit enlargement.
What did the court decide?
Prayer for regular bail rejected; pending I.A. disposed of.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10850 of 2022
Rahul Mandal @ Shyam Mandal @ Rahul … …Petitioner(s)/Applicant(s) Versus The State of Jharkhand … …Opp. Party(s)
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
--For the Petitioner(s)/Applicant(s) : Ms. Archana Kumari, Adv. For the State : Mr. V.K. Sinha, A.P.P. For the informant : Md. Zaid Ahmed, Adv. ---
07/02.03.2023: Heard the parties.
The applicant, who is in custody since 28.01.2022, has approached this Court for grant of regular bail.
The applicant is an accused of committing murder.
It has been submitted by the counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part.
Innocence has been claimed and participation in the trial has been assured. It has been submitted that there is no eye witness to the incident and at best, it is a case of circumstantial evidence. No motive has been attached to this applicant. On the above facts, prayer for bail has been made.
On the other hand, learned A.P.P. and counsel for the informant have opposed the prayer for bail and it has been submitted that this applicant is hired criminal and the deceased has been done to death. As per the prosecution, the motive of killing is that the deceased was having illicit relationship with one of the co-accused. There is witness to the incident that the deceased has last seen with this applicant.
Issues for consideration
3 issues framed by the court
Whether the applicant charged with murder is entitled to regular bail despite claims of innocence and lack of motive.
Whether the lack of an eye witness and reliance on circumstantial evidence is sufficient to grant bail.
Whether hijab accused with illegal relationship is such as to deny bail in murder case.
Parties & counsel
- applicant
Rahul Mandal @ Shyam Mandal @ Rahul
- respondent
The State of Jharkhand
Coram
Rajesh Kumar
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · March
- Registered
- Case no.
- B.A./10850/2022
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