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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Babita Kumari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This Criminal Appeal has been filed on behalf of the Appellant challenging the order dated 05.12.2024, passed in M.C.A. No. 549 of 2024, by the Additional Sessions Judge-I, Ramgarh, by which prayer for bail made on behalf of the Appellant, namely Babita Kumari has been rejected in connection with Ramgarh P.S. Case No.255 of 2023, registered for the offence under Sections 302/120(B)/34 of I.P.C. and for the offence under Section 3 (2)(v) of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act.
2. It is alleged that one Sunil Singh, who is said to be the son-in-laws of Informant Muniya Devi had committed the murder of her deceased daughter Savitri in her house and fled away. It is alleged that the Appellant-Babita Devi was having illicit relationship with said co-accused Sunil Singh and for which there was quarrel between the deceased daughter of the Informant and the Appellant used to instigate co-accused Sunil Singh against the deceased.
3. Learned counsel for the appellant submitted that the Informant has falsely implicated the appellant in this case and they were not creating nuisance with the public in general and they were not abusing the public in gen
The court granted bail to the appellant, considering her absence from the crime scene and her pregnancy, despite serious allegations against her.
Granting bail involves balancing the nature of accusations and the applicant's background and circumstances.
Bail applications must consider the nature and severity of the offence, potential flight risk, and the likelihood of influencing witnesses, especially when based on circumstantial evidence.
The court found that the appellant made a sufficient case for bail, emphasizing the consensual nature of the relationship and errors in the trial court's assessment.
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 the merits of the case should not influence bail decisions, focusing instead on the duration of custody and nature of allegations.
The court considered the stage of investigation and the period of incarceration in granting bail to the appellant.
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