Nagendra Vishwakarma vs State of Jharkhand

This case is taken up through video conferencing. The petitioner is an accused in a case registered under Sections 304B and 34 of the Indian Penal

Code.

Mr. Nagmani Tiwari, learned counsel for the petitioner, submits that earlier the bail application of the petitioner was rejected by this Court vide order

dated 4th September, 2019 passed in B.A. No.5564 of 2019. By way of present bail application, the petitioner has renewed his prayer for bail on the

ground that he is in judicial custody since 11th June, 2018 and the trial has not yet been concluded. The impugned order dated 6 th October, 2020

passed by the learned Trial Court would suggest that the informant is not appearing in the trial despite issuance of repeated summons to him. The

Investigating Officer of the case has also not been examined. At least considering the length of judicial custody, the petitioner may be given the

privilege of regular bail.

Mr. Shree Prakash Jha, learned A.P.P., while opposing the petitioner's prayer for bail, submits that the bail application of the petitioner was earlier

rejected by this Court on merit. The petitioner has not made out any fresh ground except length of judicial custody for reconsideration of his prayer for

regular bail. Hence, the petitioner may not be given the privilege of regular bail.

Having heard learned counsel for the parties, I am not inclined to enlarge the petitioner, above named, on bail in connection with S.T. No.351 of 2018,

arising out of Pandwa P.S. Case nO.56 of 2018, corresponding to G.R. No.1295 of 2018.

Accordingly, the petitioner's prayer for bail stands rejected.