Bablu Mirdha vs State of Jharkhand

Heard Mr. A.S. Dayal, learned counsel appearing on behalf of the petitioner.

Heard Mr. A. Allam, learned senior counsel appearing on behalf of opposite party No. 2.

Heard Mr. Vishwanath Roy, learned counsel appearing on behalf of opposite party state .

The learned counsel for the petitioner submits that the petitioner is in custody since 09.06.2018 in connection with S. T. No. 568/2018 arising out of Kanke P.S. Case No. 79/2018 corresponding to G.R. No. 3170/2018 for alleged offence registered under Sections 364/302/201/120-B/34 of Indian Penal Code and Section 27 of the Arms Act, now pending in the court of learned A.J.C.-VIII, Ranchi.

Learned counsel for the petitioner submits that the bail application of the petitioner was rejected by this court vide order dated 26.08.2019 in B.A. No. 5657 of 2019 and subsequently the co-accused namely Golu Singh has been granted bail by a co-ordinate Bench of this Court in B.A. No. 7380 of 2019 vide order dated 22.11.2019. He further submits that the petitioner is in custody for more than two years in connection with this case and out of 11 witnesses only 4 witnesses have been examined.

Learned counsel appearing on behalf of the State as well as informant oppose the prayer for bail and submit that bail application of the petitioner was earlier rejected on merits. So far as the case of the co-accused is concerned, his case is on different footing.

After hearing the learned counsel for the parties and considering the facts and circumstances of this case, this court finds that the allegation against the petitioner is quite serious and it was rejected on merits vide order dated 26.08.2019. Considering the nature of allegation levelled against the petitioner the prayer for bail of the petitioner was earlier rejected on merit, this court is not inclined to enlarge the petitioner on bail. Accordingly, prayer for bail of the petitioner is hereby rejected.

Let a copy of this order be communicated to the court concerned through e-mail/FAX.