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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Bineshwar Singh, S/o Late Jugeshwar Singh – Appellant
Versus
State of Jharkhand – Respondent
Order :
(PRADEEP KUMAR SRIVASTAVA, J.)
1. Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with Chhipadohar P.S. Case No. 37 of 2023 corresponding to G.R. Case No. 116 of 2024, registered for the offences punishable under Sections 364, 302, 201 & 34 of the Indian Penal Code, pending in the Court of learned Sessions Judge, Latehar.
3. Factual matrix of the case is that on 31.10.2023 at about 7 P.M., Nitesh Xalkho (co-accused) took with the informant’s father for doing exorcism but his father did not return. On 01.11.2023, the informant went to the house of Binod Xalkho and enquired about his father but he failed to get any reply, thereafter, he searched around. On 02.11.2023, the informant’s cousin brother informed him about blood stain nearby, then the informant went there and found blood-soaked towel and other wearing apparel. In the meantime, the informant received information about a beheaded body, thereafter he arrived there and identified the dead body as his father. It is further alleged that Nitesh Xalkho (co-accused) along with other accused kidnapped the informant’s father and murdered him and thrown the dead body to conceal the e
The court denied bail due to the serious nature of the charges and the need for a smooth trial process, emphasizing that no fresh grounds were presented for reconsideration.
The court denied bail due to the serious nature of allegations and the materials against the petitioner, emphasizing the need for a swift trial.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
Consistency of the prosecutrix's statement and her age below 16 years are crucial factors in bail applications for offences under Section 376Da IPC and Section 5g/6 of the POCSO act, 2012.
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The Court emphasized the importance of trial progression while denying bail based on serious allegations under IPC and POCSO Act.
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