IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 519 of 2011
Niral Sahu................... Appellant
Versus
State of Jharkhand .................. Respondent
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Coram: Hon’ble Mr. Justice R.K.Merathia
Hon’ble Mr. Justice P.P.Bhatt
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For the Petitioner : Mr. Pratiyush Lala, Advocate
For the State : Mr. APP
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Order No. 03 October 2011
Dated the 20th
I.A. No. 1667 of 2011
Heard the counsel for the parties and peruse the lower court
records.
It is submitted that the appellant has remained in jail custody for
about half of the sentence, awarded to him; and that one Bhola Sahu @
Ajay Sahu was granted bail on 25/03/2009 vide Cr. Appeal (DB) No.
621/2008; and that the medical evidence does not support the gang rape;
and that PW1 Lalita Kumar, another victim girl, turned hostile; and that
PW2Muneran Barla (the victim/informant) identified only Bhola Sahu in
Court and did not identify other three accused persons, including this
appellant.
It appears that the case of this appellant is not similar to the case
of Bhola Sahu, who has been granted bail, rather his case is similar to the
cases of Manoj Munda and Sita Ram Sahu, whose prayer for bail was
rejected on 16/08/2010 and 17/06/2011 vide Cr. Appeal (DB) Nos.
521/2010 and 784/2008.
In the facts and circumstances of the case, we are not inclined to
grant bail to this appellant. Accordingly, it is rejected.
I.A. 1667 of 2011 stands disposed of.
(R.K.Merathia, J)
(P.P.Bhatt, J)
Mukund/