IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.425 of 2011
Jagnarayan Gaur ...... Petitioner
-Versus-
The State of Jharkhand ....... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner : Mr. A.K. Chaturvedi, Advocate
For the State : A.P.P.
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4/30.03.2011
: The petitioner is an accused in the case registered under
Sections 452, 323, 325, 337, 366/511 and 376(g) of the Indian Penal
Code.
Learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been falsely implicated in this case; even if the
entire allegation of the date of occurrence is accepted as it is, no offence
under Section 376 I.P.C. is constituted; petitioner is in custody since
September, 2008 and there is no progress in the trial.
Learned A.P.P. opposed the petitioner’s prayer for bail and
submitted that there is direct allegation against the petitioner of
committing heinous crime; petitioner had moved this Court earlier and
his prayer for bail was rejected on merit; the charge has been framed
and the trial is likely to be concluded shortly.
Regard being had to the nature of allegation and stage of the
case, I am not inclined to release the petitioner on bail.
Petitioner’s prayer for bail is rejected. However, since the
petitioner is in custody since 2008, his trial shall be expedited.
If the trial is not concluded by 31st August, 2011, the petitioner
shall be at liberty to move for bail in the learned court below.
(Narendra Nath Tiwari, J.)
Shamim/