The High Court of Jharkhand rejected the application for regular bail filed by two applicants in a criminal case involving sections of the IPC related to riotous assembly, assault, and attempted murder, noting the group nature of the offense.
application for regular bail rejected.
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 B.A. No.9421 of 2023
1. Azam Khan @ Jaggu
2. Sahid Khan @ Sultan Khan @ Shahid
…. …. Petitioner(s)/Applicant(s)
Versus
The State of Jharkhand
…. …. Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner(s)/Applicant(s) : Mr. Ashim Kr. Sahani, Adv. For the State : Mr. Subodh Kr. Dubey, A.P.P. For the Informant : Mr. H.K. Shikarwar, Adv.
04/Dated: 29th November, 2023
1. Heard learned counsel for the applicant, learned counsel for the State and the learned counsel for the informant.
2. The applicant who is in custody since 28.07.2023 has approached this Court for grant of regular bail in connection with Lohsinghna P.S. Case No.172 of 2023, registered for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 and 506 of the Indian Penal Code, pending in the court of learned Additional Chief Judicial Magistrate, Hazaribagh.
3. It has been submitted by the learned 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.
4. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. It has been submitted that there was scuffle between the parties and who is the aggressor is not clear and further injury has been caused by the co-accused. Investigation is complete. There is case and counter case. On the above basis, prayer for bail has been made.
5. Learned counsels for the State and informant have opposed the prayer for bail.
6. Considering the fact that the crime has been committed by a group and this applicant was part of the group and considering the nature of injury, I am not inclined to enlarge the applicant on bail, at this stage. Accordingly, the present bail application stands rejected.
(Rajesh Kumar, J.)
Amar/-
2 issues framed by the court
Whether bail should be granted given the group nature of the crime and the injuries sustained.
Whether the applicant's claim of innocence and lack of suppression justifies regular bail.
1 provisions across 1 enactments
Azam Khan @ Jaggu
Sahid Khan @ Sultan Khan @ Shahid
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
