Two bail applicants accused of kidnapping and beheading the informant's father sought regular bail. The court noted direct allegations of murder and recovery of blood-stained articles from their house and rejected both bail prayers.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2912 of 2024
------ Bineshwar Singh .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party With B.A. No.2960 of 2024 ------ Nitesh Xalkho .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party
------
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioners : Mr. A.K. Chaturvedy, Advocate For the State : Mrs. Nehala Sharmin, Addl.P.P Mr. Tarun Kumar, A.P.P.
Order No.06 Dated- 09.08.2024
Heard learned counsel for the parties.
basis of suspicion. No weapons or incriminating articles have been received from the possession of the petitioners, however on the confessional statement of Nitesh Xalkho(petitioner), the name of Bineshwar Singh has surfaced in this case but there is no evidentiary value in the eyes of law. There is no eye-witness of the occurrence and after recovery of dead body on railway track, a U.D. Case No.09 of 2023 was lodged. The petitioners have been made accused in this case only because Nitesh Xalkho(petitioner) and the deceased were seen last alive. Except it, no concrete materials have been collected against the petitioners during investigation. So far the recovery of alleged motorcycle used in the murder belongs to Bineshwar Singh and the same has been recovered and seized from his house not from Nitesh Xalkho. The recovery of the shirts, shoes and other wearing apparels stained with blood from the house of petitioners does not demonstrate of whose blood was and in this regard, no forensic report has been brought on record. Petitioners undertake to cooperate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. The petitioners are languishing in judicial custody since 07.11.2023 without any rhymes and reasons. Hence the petitioners may be enlarged on bail.
of the deceased. Hence, the petitioners may not be enlarged on bail.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether petitioners accused of kidnapping and murder under sections 364, 302, 201, 34 IPC should be released on regular bail.
4 provisions across 1 enactments
Bineshwar Singh
Nitesh Xalkho
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
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