High CourtsSingle Bench

Abrar Ahmad @ Pintu vs State Of Jharkhand

Jharkhand High Court · Decided on 14 December 2020 · Citation: (2020) 12 JH CK 0103

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302, 323
CASE NUMBER
Bail Application No. 9678 Of 2020
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Judgment

18 paragraphs · 375 words

Heard the parties through Video Conferencing.

The petitioner has been made accused in connection with Bokaro Thermal P.S. case no. 51 of 2019 instituted under sections 302/323/34 of the Indian

Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder. It is then

submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the

petitioner that the co-accused with similar allegations has already been released on bail by vide order dated 18.09.2019 passed in BA no. 8443 of 2019

on being submitted that the persons accompanying the informant disclosed that the petitioner, herein, first hit on the head of the deceased with stick

and subsequently assaulted the deceased with an axe. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail

custody for a considerable period of time hence, the petitioner may be released on bail.

Learned P.P. vehemently opposes the prayer for bail and submits that there is specific allegation against the petitioner of committing the murder of the

deceased and the case of the petitioner does not stand on similar footing as to the co-accused and the petitioner is the principal accused of the case,

hence, in view of the direct allegation against the petitioner, there is every chance of petitioner absconding, if released on bail, hence, it is submitted

that the petitioner ought not be released on bail at this stage.

Considering the serious allegation against the petitioner of murdering the deceased, this Court is of considered view that this is not a fit case where the

petitioner be released on bail. Accordingly, the prayer for bail of the above named petitioner is rejected. Keeping in view the serious nature of

offences involved in this case, notwithstanding any order in administrative side of this Court, the trial court is directed to take up the trial of the case

expeditiously and to conclude the trial within six months from the date of receipt of this order by the trial Court. It is made clear that the trial be

conducted and witnesses be examined by observing the precautions relating to COVID-19 pandemic.