The petitioner, arrested for murder, sought regular bail. The court found the offence serious and noted recovery of evidence based on co-accused confession. Bail was rejected.
Prayer for regular bail has been rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.28 of 2023
Saket Chaubey
…… Petitioner
Versus
The State of Jharkhand …... Opp. Party
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
--------- For the Petitioner : Mr. Vinod Kumar, Advocate For the State : Mr. Sardhu Mahto, A.P.P
04/Dated: 10th April, 2023
1. Heard learned counsel for the applicant and learned counsel for the State.
2. The applicant, who is in custody since 12.10.2022, has approached this Court for grant of regular bail in connection with Nagar Untari P.S. Case No.96 of 2022, registered for the offence under Sections 302/ 34 of the Indian Penal Code, pending in the court of learned A.C.J.M., Nagar Untari, Garhwa.
3. It appears that the applicant has been made an accused for committing murder.
4. It has been submitted by the learned counsel for the applicant that complete set of F.I.R along with its enclosures have been annexed with the present bail application and there is no suppression on his part.
Innocence of the applicant has been claimed and undertaking has been given for participation in the trial. It has been submitted that the F.I.R has been lodged against unknown. This applicant has been made accused on the basis of confessional statement of the co-accused.
5. Learned counsel for the State has opposed the prayer for bail and it has been submitted that on the basis of confession of co-accused, weapon of crime and motor-cycle have been recovered. On the above basis, prayer for bail has been opposed.
6. Considering the materials available on record, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly, the prayer for bail of the applicant is, hereby, rejected.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether the applicant is entitled to regular bail in the offence of murder pending before the concerned court.
Whether the recovery of weapon and motorcycle based on the confession of a co-accused warrants denial of bail.
1 provisions across 1 enactments
Saket Chaubey
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
