High Court Jharkhand High Court

Ashis Kumar Goutam @ Lal Singh vs State Of Jharkhand on 9 September, 2011

Jharkhand High Court
Ashis Kumar Goutam @ Lal Singh vs State Of Jharkhand on 9 September, 2011
                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   B.A. No.5823 of 2011
                                         and
                                   B.A. No.5851 of 2011
                                         and
                                   B.A. No.5941 of 2011


             Ashis Kumar Goutam @ Lal Singh    ....                Petitioner (in B.A. No.5823 of 2011)
             Kanhaiya Choudhary @ Shashi Kumar ....                Petitioner (in B.A. No.5851 of 2011)
             Chandan Kumar Singh               ....                Petitioner (in B.A. No.5941 of 2011)
                                          Versus
             The State of Jharkhand                      ....        Opposite Party

             CORAM:          HON'BLE MR. JUSTICE H.C. MISHRA

             For the Petitioners          :        Mr. Suddhansu Kr. Deo (in B.A. No.5823 of 2011)
                                                   Mr. R.S. Mazumdar      (in B.A. No.5851 of 2011)
                                                   Mr. Naveen Kr. Jaiswal (in B.A. No.5941 of 2011)
             For the State                :        A. P.P.

                                         -----
2/9.9.2011

B.A. Nos. 5823 0f 2011, 5851 of 2011 and 5941 of 2011 arise out of same case as
such they are being disposed of together.

Heard learned counsels for the petitioners and learned A.P.P. for the Prosecution.
Petitioners have been made accused for the offence under Sections 364A of the
Indian Penal Code, in connection with Deoghar (Town) P.S. Case no. 74 of 2011,
corresponding to G.R. No. 228 of 2011.

The case relates to abduction for ransom of rupees three crores, of one Nand
Kishore Singhania, who was a businessman and was going on a rickshaw. Rickshaw
puller was also abducted along with Nand Kishore Singhania. Subsequently, the dead
remains of Nand Kishore Singhania were recovered and the rickshaw pullar was
recovered alive.

Learned counsels for the petitioners submitted that petitioners have been falsely
implicated in these cases and have prayed for bail.

However, from the case diary it has been pointed out that there are confessional
statements of all the three petitioners confessing their guilt. This apart, so far the
petitioner Chandan Kumar Singh is concerned, he was arrested from the same room
where the rickshaw puller was kept and was recovered. So far the petitioner Kanhaiya
Choudhary @ Shashi Kumar is concerned, who was in Army service, the cloths of this
petitioner along with his Army Dress and his name plate were recovered from the same
room from where the rickshaw puller was recovered. So far as the petitioner Ashis Kumar
Goutam @ Lal Singh is concerned, his confessional statement shows that he was the first
person to disclose before the police that the skeletons which were recovered by the
police, were actually of the victim Nand Kishore Singhania and subsequently the D.N.A.
Test confirmed this fact.

In the facts and circumstances of the case, I am not inclined to release the
petitioners Ashis Kumar Goutam @ Lal Singh, Kanhaiya Choudhary @ Shashi Kumar and
Chandan Kumar Singh on bail. Accordingly, prayer for bail of these petitioners stand
rejected.

(H. C. Mishra, J)
R.Kumar