High CourtsSingle Bench

Vinod Dungdung And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 17 December 2020 · Citation: (2020) 12 JH CK 0159

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 302
RESULT
Dismissed
CASE NUMBER
Bail Application No. 10066 Of 2020
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Judgment

20 paragraphs · 390 words

Heard the parties through video conferencing.

Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have been made accused in connection with Rengarih P.S. Case No.08 of 2020 registered under Sections 302/34 of the Indian Penal

Code.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners along with four others have murdered the

brother of the informant namely Binit Lakra. It is submitted that the allegation against the petitioners is false. It is further submitted that as the

deceased committed rape upon the sister of the petitioner No.1, hence, the petitioner No.1 and others have been falsely implicated in this case. It is

next submitted that the petitioners have been in custody for a considerable period of time. Hence it is submitted that the petitioners be released on bail.

Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submitted that there is eye-witness account of the petitioners

having murdered the deceased by assaulting him and the informant himself is the eye-witness to the occurrence and other witnesses have also

supported the case of the prosecution. Hence, there is every chance of the petitioners absconding if released on bail. Hence, it is submitted that the

petitioners ought not be released on bail.

Considering the serious nature of allegation against the petitioners of having murdered Binit Lakra, this Court is of the considered view that this is not

a fit case where the above named petitioners be released on bail. Accordingly, the prayer for bail of the above named petitioners is rejected.

Keeping in view the period of custody undergone by the petitioners and 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.