Ganga Bhattacharya vs Chandra Shekhar

Heard learned counsel for the parties.

Petitioner is an accused for the offences punishable under Sections 143/147/149/341/302/120(B) read with Section 34 of the Indian Penal Code in connection with S.T. Case no. 703 of 2016 arising out of Namkum P.S. Case no. 169 of 2016 corresponding to G.R. No. 3656 of 2016, pending in the court of AJC- V, Ranchi.

Learned counsel for the petitioner submits that earlier vide order dated 25.01.2017, the bail application of the petitioner being B.A. no. 8954 of 2016 was dismissed as withdrawn. By way of the present bail application, the petitioner has renewed his prayer for bail. Learned counsel further submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The petitioner has not been named in the F.I.R. During the investigation, the name of the petitioner surfaced on the alleged confessional statement of co-accused Suryakant Munda. Except the said fact, the police has not collected any other admissible evidence to connect the petitioner with the alleged offence. The petitioner is in judicial custody since 28.06.2016 and therefore, he may be given the privilege of regular bail.

Learned A.P.P. while opposing the petitioner''s prayer for bail submits that during the investigation, the statement of one Etwa Munda was recorded in which he has clearly stated that the petitioner along with others was seen catching hold of the deceased persons and tying their hands. Thereafter, on the next day, the dead bodies of the deceased persons were found in the jungle. Several sharp cutting injuries were found in the body of the deceased persons. The trial of the case has not yet started and, therefore, the petitioners may not be given the privilege of regular bail.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, his bail application is, hereby, rejected.