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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Jeevan Ram, son of Sobra Ram @ Soban Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Leave has been sought for to accept the counter affidavit filed in pursuance of the order dated 16.10.2024. A copy of the same has said to be served upon the learned counsel for the appellant.
2. Learned counsel for the appellant has submitted that he has received the copy of the counter affidavit.
3. Considering the same, let the copy of counter affidavit be taken on record.
4. The instant Criminal Appeal preferred on behalf of appellant under section 21(4) of the National Investigating Act, is directed against the order dated 02.08.2024 passed by the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in B.P. No.157 of 2024 in connection with AHTU P.S. Case No.02 of 2024 pending in the Court of learned Chief Judicial Magistrate, West Singhbhum, Chaibasa registered under Sections 370, 370(A) of the Indian Penal Code, Section 79 of the Juvenile Justice (Care and Protection of Children) Act and Section 14(1) of the Child Labour (Prohibition and Regulations) Act, 2016, whereby the prayer for regular bail of the appellant has been rejected.
5. It has been contended on behalf of the appellant that it is a case where the appellant has falsely been implicated eve
The court emphasized that lack of incriminating evidence and the victim's statement warranted granting bail, highlighting the importance of fair treatment in custody cases.
The court established that mere confessional statements from co-accused, without direct evidence, may not suffice to deny bail, especially when similar co-accused have been granted bail under analogo....
Murder - Bail Rejected - It is case of brutal murder and chain of linked evidences is not missing - Purpose of determination of this bail application and will in no way be construed as an expression ....
The court emphasized that the lack of commitment and framing of charges, along with previous acquittal, justified granting bail.
The court determined that the absence of trafficking elements in the victim's statement warranted bail, emphasizing the importance of fair trial rights and the duration of custody.
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